jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

, reparation is replenishment of a previously inflicted loss by the criminal to the victim.

Monetary Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are: med ...

restitution Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...

is a common form of reparation.

Background

In the 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, reparation include the following forms:

, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby * Satisfaction should include, where applicable, any or all of the following: .. ** (e)

Public apology A public apology is a component of reparation as stipulated in the United Nations Office of the United Nations High Commissioner for Human Rights resolution proclaiming the Basic Principles and Guidelines on the Right to a Remedy and Reparation for ...

, including acknowledgement of the facts and acceptance of responsibility; ** (g) Commemorations and tributes to the victims; ** (h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels. * 23. Guarantees of non-repetition should include ** (e) Providing, on a priority and continued basis,

human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...

and international humanitarian law education to all sectors of

society A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. ...

and training for law enforcement officials as well as

military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...

and

security forces Security forces are statutory organizations with internal security mandates. In the legal context of several countries, the term has variously denoted police and military units working in concert, or the role of irregular military and paramilitar ...

;

History

The principle of reparation dates back to the

lex talionis "An eye for an eye" (, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The earliest known use of the principle appears in the Code of Hammurabi, which predates the wr ...

Hebrew Scripture The Hebrew Bible or Tanakh (;"Tanach"
. ''

Anglo-Saxon The Anglo-Saxons, in some contexts simply called Saxons or the English, were a Cultural identity, cultural group who spoke Old English and inhabited much of what is now England and south-eastern Scotland in the Early Middle Ages. They traced t ...

courts in

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

before the

Norman Conquest The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, French people, French, Flemish people, Flemish, and Bretons, Breton troops, all led by the Du ...

also contained this principle. Under the

English legal system English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality befor ...

judges must consider making a compensation order as part of the sentence for a crime. Section 130 of the

Powers of Criminal Courts (Sentencing) Act 2000 The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) is a consolidation Act of the Parliament of the United Kingdom that brings together parts of several other Acts dealing with the sentencing treatment of offenders and defaulters. It ...

requires the courts to explain their reasoning if they do not issue a compensation order.Martin, Jacqueline (2005). ''The English Legal System'' (4th ed.), p. 178. London: Hodder Arnold. .

References

{{Authority control Reparations Criminal law Justice

Background

History

See also

References