jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...

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

restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...

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 The guarantees of non-repetition is a component of reparations 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 a ...

, 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 Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...

at all levels. * 23.

Guarantees of non-repetition The guarantees of non-repetition is a component of reparations 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 a ...

should include ** (e) Providing, on a priority and continued basis,

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

and

international humanitarian law education International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...

to all sectors of

society A society is a Social group, group of individuals involved in persistent Social relation, social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same Politics, political authority an ...

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. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distin ...

and security forces;

History

The principle of reparation dates back to the lex talionis of Hebrew Scripture.

Anglo-Saxon The Anglo-Saxons were a Cultural identity, cultural group who inhabited England in the Early Middle Ages. They traced their origins to settlers who came to Britain from mainland Europe in the 5th century. However, the ethnogenesis of the Anglo- ...

courts in

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...

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 Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conq ...

also contained this principle. Under the English legal system 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 wa ...

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