Whose war is it anyway? Proportionate reparations in wars of aggression

Abstract This article proposes a hybrid legal framework combining jus ad bellum and jus in bello to govern the attribution of State responsibility for reparations at the end of a war of aggression. To this end, the article considers former international mass claims processes and proposes a complementary approach that, on the one hand, acknowledges the role of the aggressor State in waging the war, and on the other, takes a cautionary approach to prevent a disproportionate burden of compensation being imposed on the aggressor State as a form of collective punishment. The consequences of respective violations of the prohibition of the use of force and the law of war are blurred in a war of aggression, resulting in complexities around liability for aggressor States. In response, this article concludes with a nuanced proposal to calculate compensation based on (1) the aggressor party's capacity to comply with jus in bello ; (2) the extent of damage caused by the war of aggression, factoring in jus ad bellum considerations if a party is found to be intentionally maximizing destruction; and (3) the incorporation of tort law principles for equitable attribution of responsibility.

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Publication Details

Journal
International Review of the Red Cross
Published
2024-10-02
DOI
https://doi.org/10.1017/s1816383124000249
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Whose war is it anyway? Proportionate reparations in wars of aggression

Arnaaz Nizami Ameer
International Review of the Red Cross
International Law and Human Rights
article

Whose war is it anyway? Proportionate reparations in wars of aggression

Arnaaz Nizami Ameer
article en

Abstract

Abstract This article proposes a hybrid legal framework combining jus ad bellum and jus in bello to govern the attribution of State responsibility for reparations at the end of a war of aggression. To this end, the article considers former international mass claims processes and proposes a complementary approach that, on the one hand, acknowledges the role of the aggressor State in waging the war, and on the other, takes a cautionary approach to prevent a disproportionate burden of compensation being imposed on the aggressor State as a form of collective punishment. The consequences of respective violations of the prohibition of the use of force and the law of war are blurred in a war of aggression, resulting in complexities around liability for aggressor States. In response, this article concludes with a nuanced proposal to calculate compensation based on (1) the aggressor party's capacity to comply with jus in bello ; (2) the extent of damage caused by the war of aggression, factoring in jus ad bellum considerations if a party is found to be intentionally maximizing destruction; and (3) the incorporation of tort law principles for equitable attribution of responsibility.

International Review of the Red CrossVol. 106(927)
Harvard University Press (US), Arab Center for International Humanitarian Law and Human Rights Education (FR)
Openalex Percentile: Top 73%
International Law and Human Rights
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