V. CLAIMS OF DAMAGES
19. Before considering specific claims for compensation, the Court would first like to make
a number of preliminary observations of a general nature.
A) Preliminary Observations
20. The Court recalls, firstly, that under international law, a country found guilty of an
international crime is required to make full reparation for the damage caused,
This obligation was stated by the Permanent Court of International Justice in a dictum in
The Factory at Chorzow case, in the following words:
“It is a principle of international law that the breach of an engagement involves an obligation to
make reparation in an adequate form. Reparation therefore is the indispensable complement of
a failure to apply a convention, and there is no necessity for this to be stated in the convention
itself”. *
21. This statement was subsequently put in the following words by Article 31 (1) of Draft
Articles on Responsibility of States for Internationally Wrongful Acts adopted
International
Law
Commission
(ILC)
and
submitted
to the
United
Nations
by the
General
Assembly in 2001:
“4. The responsible State is under the obligation to make full reparation for the injury caused by
the internationally wrongful act".
22. In the context of the African human rights protection system, this principle is reflected
in Article 27 (1) of the 10 June 1998 Protocol establishing this Court, which provides that:
“If the Court finds that there has been violation of a human or peoples’ rights, it shall make
appropriate orders to remedy
reparation’.
3 PClJ:
The Factory at Chorzow,
the violation,
including the payment
(Jurisdiction) Judgment
of 26 July 1927,
of fair compensation
Series A, No.
See also: /dem (Merits), Judgment of 13 September 1928, Series A, No. 7, p. 29,
9 (1927),
or
p. 21;
4 Yearbook of the International Law Commission, 2001, Vol. |I (2); The UN General Assembly took note of
the Draft Articles by its resolution 56/83 of 12 December 2001.
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