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Remembering And Reconciliation: An International Law Perspective, Ana Filipa Vrdoljak
Remembering And Reconciliation: An International Law Perspective, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Most states are going through or have gone through periods of ‘transition’ which have involved a collective confrontation with past painful events. However, since the 1990s, there has been a proliferation of legal and non-legal mechanisms created to promote reconciliation and accountability in post-authoritarian or post-conflict societies. These mechanisms have been heavily influenced by (and have influenced) international law norms in the field of human rights, humanitarian law and international criminal law. Failure to address promptly and effectively the lingering legacy of gross violations of human rights law or serious violations of international humanitarian law impact on victims directly and …
Reparations For Cultural Loss, Ana Filipa Vrdoljak
Reparations For Cultural Loss, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Destruction, damage and dispossession of culture and heritage loom large in actions pursued by indigenous peoples at the international, regional and domestic levels. This chapter considers how the claims and remedies for cultural losses sustained by indigenous peoples, collectively and individually, push the existing boundaries of international law. First, it outlines how culture and its manifestations is conceptualized by indigenous peoples. Second, how claims for cultural loss are framed by expanding upon existing international human rights law and international humanitarian law is explained. Finally, it examines the application of recent developments at the international and regional levels to accommodate broader …