The Humanization of War Reparations: Combatant Deaths and Compensation in Unlawful Wars

Abstract: Recent armed conflicts, and in particular the ongoing war in Ukraine,  have sparked renewed interest among international lawyers in the law and practice of war reparations. While it is relatively uncontroversial today that unlawful uses of force, including acts of aggression, entail the obligation of the wrongdoing state to make reparations, the precise extent of this obligation remains subject to debate. One particularly contentious aspect is whether the obligation to pay compensation encompasses not only harm caused to civilians but also for damage caused to the armed forces of the defending state. Indeed, judicial bodies and claims commissions such as the ICJ, the United Nations Compensation Commission or the Eritrea-Ethiopia Claims Commission have in the past refused to – or were prevented from – awarding damages for injuries to combatants or defence costs incurred by the attacked State. Through a review of State and judicial practice from the Treaty of Versailles to the present, we demonstrate that compensating combatants is not only doctrinally sound but also normatively desirable as it highlights their role as the core victims of unlawful wars.

You can see the relevant paper from here.

Speakers: 

Hannes Jöbstl is an Associate Legal Officer at the International Court of Justice (ICJ) and has recently completed his D.Phil. in public international law at the University of Oxford. While at Oxford, he was a research assistant for the Programme on International Peace and Security at the Oxford Institute for Ethics, Law and Armed Conflict (ELAC). He has previously worked as a Legal Advisor in the Austrian Parliament and at the UN Register of Damage in Vienna.  

Dean Rosenberg is an Associate Legal Officer at the International Court of Justice (ICJ). He completed an LL.M. at the University of Cambridge and a J.D. at Harvard Law School. He has previously worked as an Associate Legal Officer at the International Criminal Court (ICC) and as an international arbitration associate at Freshfields Bruckhaus Deringer in New York.

Any views expressed in this presentation are based on the private research of the speakers and do not reflect the views of the International Court of Justice.

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The Public International Law Discussion Group at the University of Oxford is a key focal point for PIL@Oxford and hosts regular speaker events. Topics involve contemporary and challenging issues in international law. Speakers include distinguished international law practitioners, academics, and legal advisers from around the world.

PIL Discussion Group Convenor: Ayako Hatano

The Discussion Group's meetings are part of the programme of the British Branch of the International Law Association and are supported by the Law Faculty and Oxford University Press.

The speaker will commence at 12:45pm UK Time and the speaker will present for around 30-40 minutes, with around 30 minutes for questions and discussion. The meeting should conclude by 2pm UK Time.

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