justice, morality and equity: within a very large population, what would be
the criteria to identify the victims that deserve compensation? Why
compensate someone and not compensate his neighbour? Based on which
criteria should be determined the amount each victim would receive? Who
would manage that one Billion Dollars? The meaning of this set of
questions is to leave clear the impracticability of that solution. In case of
human rights violations that affect undetermined number of victims or a
very large population, as in the instant case, the compensation shall come
not as an individual pecuniary advantage, but as a collective benefit
adequate to repair, as completely as possible, the collective harm that a
violation of a collective right causes. Based on the above reasons, the
prayer for monetary compensation of one Billion US Dollars to the victims
is dismissed” SERAP Vs NIGERIA - JUDGMENT N° ECW/CCJ/JUD/18/12.
165. In a similar vein where compensation was claimed for 1 million internally
displaced persons, the Court held that “... Further, the plaintiff has not
given the method of distribution of the damages nor has the plaintiff
specified who the beneficiaries are or would be and how they are
determined. In the circumstances, this court is not inclined to grant the
damages sought and hereby declines to do so” SERAP &12 ORS V NIGERIA
ECW/CCJ/JUD/19/16, PARAGRAPH 8.4.3.
166. The Court also reiterated its position in another case when it held that : “
“The Applicants have made claims for some compensation on behalf of
the communities. The Court has no record of the details of the victims,
their names, gender, age, address; the properties destroyed have also not
been specifically identified nor their value indicated. In this wise, the
Court is unable to award any monetary compensation.” REV FATHER
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