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Chinese Journal of International Law Advance Access originally published online on September 26, 2005
Chinese Journal of International Law 2005 4(2):417-439; doi:10.1093/chinesejil/jmi025
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© The Author 2005. Published by Oxford University Press. All rights reserved

The Right to Compensation for Victims of an Armed Conflict

Elke Schwager *

The individual is a bearer of rights under international human rights law, international humanitarian law and domestic law. If an individual's rights are infringed during an armed conflict, he/she is entitled to get compensation for the loss resulting from the violation. In the absence of a permanent enforcement mechanism at the international level, claims for compensation should be recognized before national courts.

* The author is an attorney-at-law, research fellow at the Heinrich Böll Siftung, Berlin, and Ph.D. candidate at the University of Hanover in Germany (email: elke.schwager{at}gmx.de). The article was inspired by Luke T. Lee, The Right of Victims of War to Compensation, in: Essays in Honour of Wang Tieya (1993), 489–96.


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