War Crimes Compensation Claims: Charting the Challenges Faced by Civilian Victims and their Advocates

Abstract

This chapter will revolve around the difficulties of national human rights institutions, victims’ rights groups and other advocates face in launching compensation claims for victims of war crimes. It will discuss the challenges of making a successful mass compensation claim as part of a prosecution in the various international criminal tribunals of recent years as well as in the International Criminal Court. The chapter will then discuss the challenges faced in accessing administrative compensation schemes which in some cases (such as that of the US and the UK) have become measurably more restrictive in recent years. For this the ‘War on Terror’ (particularly the recent conflicts in Afghanistan and Iraq/Syria) will be a focus. It will conclude by considering ex-gratia compensation schemes which are likewise characterised by a variety of access issues also posing clear difficulties for victims and the advocates who seek redress for them.