The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation
INTRODUCTION. The research analyzes the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines) of December 16, 2005. The Ar...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Moscow State Institute of International Relations (MGIMO)
2021-07-01
|
| Series: | Московский журнал международного права |
| Subjects: | |
| Online Access: | https://www.mjil.ru/jour/article/view/1227 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1839618862789689344 |
|---|---|
| author | K. O. Keburiya A. M. Solntsev |
| author_facet | K. O. Keburiya A. M. Solntsev |
| author_sort | K. O. Keburiya |
| collection | DOAJ |
| description | INTRODUCTION. The research analyzes the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines) of December 16, 2005. The Article examines the stages of the adoption of this document, the concept, structure, basic provisions, as well as the importance for the development of modern international law, particularly in the field of human rights protection and international humanitarian law. Consequently, the Article provides a detailed analysis of the approach to the central subject of this document, that is, the right to a remedy and reparation, which is expressed in practical application by universal and regional bodies on human rights and in the field of humanitarian law. In this regard, the position of the right to a remedy and reparation in the complex of human rights is determined, as well as their interconnection and relation to each other.MATERIALS AND METHODS. The theoretical researches of the Russian and foreign experts in the field of international law have been analyzed in this very Article as well as the normative documents, recommendations, and decisions of the treaty bodies on human rights within the UN system, the law enforcement practice of universal and regional judicial and quasi-judicial bodies for the protection of human rights and in the field of international humanitarian law have also been studied. Such methods of scientific cognition as analysis and synthesis, the generalization method, the system-structural method, as well as the historical-legal and legal-technical methods have also been applied in this research.RESEARCH RESULTS. The Article reveals the significance and impact of the mechanism developed in the Basic Principles and Guidelines, in general, on the international human rights system. The Basic Principles and Guidelines are an international document, developed with the best practice of existing legal systems. It was adopted unanimously through the consensus reached by all parties concerned. The Basic Principles and Guidelines are aimed at codifying the provisions on the right to a remedy and reparation enshrined in various international treaties and as well as at developing a unified approach to these rights. Thus, the said international instrument does not create any new rules but classifies and uniforms the set of provisions on the right to a remedy and reparation. This nature of the Basic Principles and Guidelines makes them an attractive tool for international bodies in their law enforcement practice related to ensuring the right to a remedy and reparation. DISCUSSION ANDCONCLUSSIONS. The Basic Principles and Guidelines enshrine the responsibility of States in the field of human rights protection, when the second party to the conflict is individual, or individuals whose rights have been or may be violated. Therefore, the Basic Principles are focused on the interests of the victim of a violation of human rights, that is, they are deliberately humanistic and human rights oriented. The document provides a classification of victims to more adequately cover human rights mechanisms that ensure the protection of persons, individually or collectively. Further, it pays special attention to the protection of victims of gross violations of human rights. In addition, the Basic Principles and Guidelines list and describe forms of reparation for the victims of human rights violations. |
| format | Article |
| id | doaj-art-e19b6ea2e39e4c35b1ce97c6cb51e5d8 |
| institution | Matheson Library |
| issn | 0869-0049 2619-0893 |
| language | English |
| publishDate | 2021-07-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj-art-e19b6ea2e39e4c35b1ce97c6cb51e5d82025-07-23T17:29:54ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932021-07-0102789810.24833/0869-0049-2021-2-87-981173The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and ReparationK. O. Keburiya0A. M. Solntsev1Russian Presidential Academy of National Economy and Public Administration (RANEPA)Peoples’ Friendship University of Russia (RUDN University)INTRODUCTION. The research analyzes the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines) of December 16, 2005. The Article examines the stages of the adoption of this document, the concept, structure, basic provisions, as well as the importance for the development of modern international law, particularly in the field of human rights protection and international humanitarian law. Consequently, the Article provides a detailed analysis of the approach to the central subject of this document, that is, the right to a remedy and reparation, which is expressed in practical application by universal and regional bodies on human rights and in the field of humanitarian law. In this regard, the position of the right to a remedy and reparation in the complex of human rights is determined, as well as their interconnection and relation to each other.MATERIALS AND METHODS. The theoretical researches of the Russian and foreign experts in the field of international law have been analyzed in this very Article as well as the normative documents, recommendations, and decisions of the treaty bodies on human rights within the UN system, the law enforcement practice of universal and regional judicial and quasi-judicial bodies for the protection of human rights and in the field of international humanitarian law have also been studied. Such methods of scientific cognition as analysis and synthesis, the generalization method, the system-structural method, as well as the historical-legal and legal-technical methods have also been applied in this research.RESEARCH RESULTS. The Article reveals the significance and impact of the mechanism developed in the Basic Principles and Guidelines, in general, on the international human rights system. The Basic Principles and Guidelines are an international document, developed with the best practice of existing legal systems. It was adopted unanimously through the consensus reached by all parties concerned. The Basic Principles and Guidelines are aimed at codifying the provisions on the right to a remedy and reparation enshrined in various international treaties and as well as at developing a unified approach to these rights. Thus, the said international instrument does not create any new rules but classifies and uniforms the set of provisions on the right to a remedy and reparation. This nature of the Basic Principles and Guidelines makes them an attractive tool for international bodies in their law enforcement practice related to ensuring the right to a remedy and reparation. DISCUSSION ANDCONCLUSSIONS. The Basic Principles and Guidelines enshrine the responsibility of States in the field of human rights protection, when the second party to the conflict is individual, or individuals whose rights have been or may be violated. Therefore, the Basic Principles are focused on the interests of the victim of a violation of human rights, that is, they are deliberately humanistic and human rights oriented. The document provides a classification of victims to more adequately cover human rights mechanisms that ensure the protection of persons, individually or collectively. Further, it pays special attention to the protection of victims of gross violations of human rights. In addition, the Basic Principles and Guidelines list and describe forms of reparation for the victims of human rights violations.https://www.mjil.ru/jour/article/view/1227international lawinternational human rights lawhuman rights protection systeminternational humanitarian lawbasic principles and guidelinesright to legal protectionremediesvictims of human rights violationreparationrestitutioncompensationrehabilitationsatisfactionguarantees of nonrepetition |
| spellingShingle | K. O. Keburiya A. M. Solntsev The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation Московский журнал международного права international law international human rights law human rights protection system international humanitarian law basic principles and guidelines right to legal protection remedies victims of human rights violation reparation restitution compensation rehabilitation satisfaction guarantees of nonrepetition |
| title | The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation |
| title_full | The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation |
| title_fullStr | The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation |
| title_full_unstemmed | The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation |
| title_short | The Significance of the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation |
| title_sort | significance of the 2005 un basic principles and guidelines on the right to a remedy and reparation |
| topic | international law international human rights law human rights protection system international humanitarian law basic principles and guidelines right to legal protection remedies victims of human rights violation reparation restitution compensation rehabilitation satisfaction guarantees of nonrepetition |
| url | https://www.mjil.ru/jour/article/view/1227 |
| work_keys_str_mv | AT kokeburiya thesignificanceofthe2005unbasicprinciplesandguidelinesontherighttoaremedyandreparation AT amsolntsev thesignificanceofthe2005unbasicprinciplesandguidelinesontherighttoaremedyandreparation AT kokeburiya significanceofthe2005unbasicprinciplesandguidelinesontherighttoaremedyandreparation AT amsolntsev significanceofthe2005unbasicprinciplesandguidelinesontherighttoaremedyandreparation |