Reparation for Victims of Collateral Damage: A Normative and Theoretical Inquiry

By Alphonse Muleefu

The laws of war protect non-combatants against the adverse effects of war. Belligerents are prohibited from attacking non-combatants or civilian properties directly and causing incidental damage that is excessive in relation to the military objective. In case of a violation, victims have a right to reparation. However, the laws of war do not provide total protection. Noncombatants can be accidently or incidentally harmed or their properties destroyed without making that conduct a violation. Since reparation is tied to violations of existing laws of war, victims of lawful incidents (collateral damage) are excluded. This book discursively investigates the basis for this normative discrimination and examines the grounds (moral, legal, and policy) on which reparation to victims of collateral damage could be (un)justifiable. [Subject: Human Rights Law, Law of War]

Publication Date: 11/24/2014
Format: Paper
ISBN: 9789462401839