Chapter

Use of Force as a State Delict: The Obligation to Make Reparation

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0007
Use of Force as a State Delict: The Obligation to Make Reparation

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It is important to find that there is a strong case for considering the obligation to make reparation for wrongful acts as a general principle of law within the meaning of Article 38, paragraph I (c), of the Statute of the International Court of Justice before examining the state practice. The intentional or negligent infliction of harm in a time of peace by the armed forces of one state on the armed forces or civilian population or public and private property of another state gives rise to protest and a demand for compensation, apology, punishment of those responsible, and the taking of measures to prevent a recurrence of the mischief. There is significant data of a general recognition in the practice of states, as expressed not only in peace treaties but also in claims between states when no relationship of defeated and victor exists, that the victim of an unlawful resort to force, whether as a major military onslaught or as a minor frontier incident, has a claim for adequate compensation for damage to public and private property, loss of life and injuries among the civilian population, and the cost of reasonable measures of self-defence.

Keywords: obligations; reparations; civilians; public property; private property; compensation; apology; punishment

Chapter.  8967 words. 

Subjects: Public International Law

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