Abstract

Breaches of international law have consequences. Under the Articles on the Responsibility of States for Internationally Wrongful Acts, the international responsibility of a state triggered by its internationally wrongful acts entails specific legal consequences, including the obligation to provide“full reparation” for the injury caused. However, obtaining reparations in the current international legal system often proves difficult. Existing international courts and tribunals often lack the jurisdiction to provide full reparations, especially when there are multiple and complex violations that caused injuries to numerous and diverse parties. International claims commissions can be effective instruments to provide reparations in such circumstances, including in post-conflict and other complex situations. Indeed, international claims commissions can fill the vacuum that exists between breaches and reparations due for serious violations. Their flexibility is a unique feature that can provide the missing procedural bridge between international law violations and reparation.

As innovative legal instruments, international claims commissions can help address some of the most complex current legal problems. At present, negotiations are underway to create an international claims commission as part of a larger compensation mechanism for those who suffered injury, damage, or loss because of Russia’s aggression against Ukraine. A similar instrument was proposed in a UN General Assembly resolution in the context of the Israel/Palestine conflict. A claims commission could also be created to provide reparations for claims arising from climate change for both individuals and states. In this contribution, I will first explain what international claims commissions are and how they work and will then explore how they can be used to ensure reparations in some of the most complex and pressing contemporary problems.

Document Type

Article

Publication Date

2025

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