III. ACCOUNTABILITY AND THE RIGHTS OF VICTIMS
Both international jurisprudence and regional jurisprudence have
established that a finding of State responsibility for violations of international
human rights and humanitarian law should lead to the adoption by the
State of measures to repair the damage it may have caused and to prevent
future violations. Such measures range from paying reparations to the
victims and their families, and giving assurances of non-repetition, to
the adoption of legal mechanisms to prevent future abuses. While the
obligation of the State to pay reparation for a violation of international
humanitarian law is uncontroversial, the entitlement of the individual victim
to claim such reparation based on international humanitarian law has
been rejected by several domestic courts. In Bosnia and Herzegovina
v. Serbia and Montenegro, the International Court of Justice found that
Serbia had violated its obligations to prevent and prosecute acts of
genocide. The Court decided that Serbia had to “take effective steps to
ensure full compliance with its obligation under the Convention on the
Prevention and Punishment of the Crime of Genocide […] and to transfer
individuals accused of genocide or any of those other acts for trial by the
International Criminal Tribunal for the former Yugoslavia, and to cooperate
fully with that Tribunal.”105 The Inter-American Court of Human Rights and
the European Court of Human Rights refer to international customary rules
on State responsibility to order the payment of compensation to victims of
human rights abuses.106
It should be noted that, under international law, the fact that an individual is
found guilty of gross abuses of international human rights and humanitarian
law does not exonerate the State from international responsibility107 and
vice versa.
Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J.
Reports 2007, p. 43.
106
For example, according to the Inter-American Court of Human Rights, “[i]t is a principle
of International Law that any violation of an international obligation which causes
damage gives rise to a duty to make adequate reparations. The obligation to provide
reparations is regulated in every aspect by International Law.” Case of the Rochela
Massacre v. Colombia, Judgement of 11 May 2007, Series C, No. 163, para. 226.
107
See, in this respect, article 25.4 of the Rome Statute of the International Criminal Court,
105
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