Victims' right to reparation and the residual application of diplomatic and/or functional protection

Abstract

It is traditionally considered that under the existing international legal framework the obligation to provide reparations is incumbent on any actor/subject of international law that is accountable for the damage, material and moral, resulting from the breach of an international obligation. This is a key corollary of the attribution of international responsibility for wrongful acts, and as such it pertains to both States and international organizations. After providing a short overview of how the right to reparation developed beyond the traditional inter-State paradigm, this chapter will address the issue of redress for victims, focusing on civilian personnel sent on missions or assignments outside their normal place of activity, as well as on international organizations' breaches of their duty of care. Furthermore, this chapter will discuss the residual application of States' diplomatic protection and international organizations' functional protection, in cases where the injury suffered by the staff member engages the interests of the State of nationality, the international organization, or both.