23. In the instant case, the Court having found in its Judgment of 28 March 2014 abovecited that there have been violations of the Charter by the Respondent State, this State
is liable to make full reparation for the prejudice caused to the Applicants.
24. The Court would further like to recall that, in accordance with international law, for
reparation to accrue, there must be a causal link between the wrongful act that has been
established and the alleged prejudice. On that score, Article 31(2) of the Draft Articles on
Responsibility of States mentioned above indeed refers to a “prejudice ... resulting from
an internationally wrongful act by a State”®.
25. In the instant case, therefore, it is only damages resulting from identified wrongful acts
that the Court will take into consideration.
26. The Court would further like to note that, according to international law, both material
and moral damages have to be repaired. In terms of Article 31(2) of the Draft Articles on
Responsibility of States mentioned above: “Injury includes any damage, whether material
or moral...” ®
27.
According to Dictionnaire de droit international public, material damage is “one that
affects economic or material interest, that is, interest which can immediately be assessed
in monetary terms’.
As for moral damage, it is defined as one that affects the reputation,
sentiments or affection of a natural person who enjoys diplomatic protection or who can
be sued”®, (Registry translation)
5 Ibidem. See also: IACHR: Ticona Estrada and Others v. Bolivia (Merits, Reparations and Costs),
Judgment of 27 November 2008, para. 110: “The reparations must have a causal link with the facts of the
case, the alleged violations, the proven damages, as well as with the measures requested to repair the
resulting damages. Therefore, the Court must observe such coincidence in order to adjudge and declare
according to law.”
® Yearbook of the International Law Commission, 2001, Vol. Il (2), p. 28.
7 Dictionnaire de droit international public, Jean SALMON, ed. Bruxelles, Bruylant, 2001, p. 361
® Ibidem. See also: |ACHR: Cantoral Benavides v. Peru (Reparations and Costs), Judgment of3 December
2001, para 53: “Non-pecuniary damages might include the pain and suffering caused to the direct victims
and to their loved ones, discredit to things that are very important for persons, other adverse
consequences that cannot be measured in monetary terms, and disruption of the lifestyle of the victim or
his family”
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