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Reparations are broadly understood as compensation given for an abuse or injury.〔reparation. (2009). In Merriam-Webster Online Dictionary. Retrieved September 19, 2009, from ()〕 The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see war reparations): punitive mechanisms determined by treaty and paid by the surrendering side of conflict, such as the World War I reparations paid by Germany and its allies. Now, reparations are understood as not just war damages but compensation and other measures provided to victims of severe human rights violations by the parties responsible. The right of the victim of an injury to receive reparations and the duty of the part responsible to provide them has been secured by the United Nations. In transitional justice, reparations are measures taken by the state to redress gross and systematic violations of human rights law or humanitarian law through the administration of some form of compensation or restitution to the victims. Of all the mechanisms of transitional justice, reparations are unique because they directly address the situation of the victims. Reparations, if well designed, acknowledge victims’ suffering, offer measures of redress, as well as some form of compensation for the violations suffered.〔See de Greiff, P. (2006). The Handbook on Reparations. Oxford: Oxford University Press. from ()〕 Reparations can be symbolic as well as material. They can be in the form of public acknowledgement of or apology for past violations, indicating state and social commitment to respond to former abuses. It is widely acknowledged that in order to be effective, reparations must be employed alongside other transitional justice measures such as prosecutions, truth-seeking, and institutional reform. Such mechanisms ensure that compensatory measures are not empty promises, temporary stopgap measures, or attempts to buy the silence of victims.〔Magarrell, L (2007). Reparations in Theory and Practice. Reparative Justice Series, ICTJ. ()〕 ==Types of Reparation== The legal concept of reparation has two components: the right of the victim of an injury to receive reparation, and the duty of the party responsible for the injury to provide redress.〔United Nations General Assembly (2006). 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, (21 March 2006). A/RES/60/147 ()〕 Reparations can be sought by individuals through judicial systems or they can be policies introduced by the state to address the concerns or needs of a wider populace. While the first strategy is instrumental in creating legal precedent, the second is a more efficient way to recognize the concerns of more people. The United Nations Basic Principles and Guidelines on the Rights to a Remedy and Reparation for Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law describes five formal categories of reparations: restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. 1. Restitution – measures which serve to “restore the victim to the original situation before the gross violations…occurred.” This can include: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return of one’s place of residence, restoration of employment, and return of property. 2. Damages Compensation – the provision of compensation “for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case.” Such damage includes: physical or mental harm, lost opportunities, material damages and loss of earnings, moral damage, cost of legal, medical, psychological, and social services. 3. Rehabilitation – medical, psychological, social services, and legal assistance 4. Satisfaction – various measures which include the cessation of human rights violations and abuses, truth-seeking, searches for the disappeared, recovery and reburial of remains, judicial and administrative sanctions, public apologies, commemoration, and memorialization. 5. Guarantees of non-repetition – reforms ensuring the prevention of future abuses, including: civilian control of the military and security forces, strengthening an independent judiciary, protection of civil service and human rights workers, the overall promotion of human rights standards, and the establishment of mechanisms to prevent and monitor social conflict and conflict resolution.〔Magarrell, L (2007). Reparations in Theory and Practice. Reparative Justice Series, ICTJ. ()〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Reparations (transitional justice)」の詳細全文を読む スポンサード リンク
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