Publication: Creative Potential of Reparations at the Inter-American Court of Human Rights and the International Criminal Court
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2020
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Suffolk University
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This article critically reflects on the practice of symbolic reparations with artistic value at the Inter-American Court of Human Rights (IACtHR). The IACtHR is more "experienced" than the International Criminal Court (ICC) in ordering reparations in
general and symbolic reparations with creative potential, in particular. This article examines several distinctive features of such reparations in the practice of the IACtHR and assesses their relevance to the nascent practice of reparations at the ICC. It is argued that this type of remedy has capacity to embrace multiple narratives, address collective interests, fill in the gap between responsibility in a strictly legal sense and a broader acknowledgement of a violation, and finally 'fix' the event in time for the purposes of the preservation of memory
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Aksenova, M. (2020). Creative Potential of Reparations at the Inter-American Court of Human Rights and the International Criminal Court. Suffolk Transnat'l L. Rev., 43, 1.