Baltic Yearbook of International Law by Ineta Ziemele

By Ineta Ziemele

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317. 92 Van Boven, supra note 47, p. 36. 3. Satisfaction (1) General Impact of Jus Cogens on Satisfaction The ILC’s Articles on State Responsibility treat satisfaction as one of substantive consequences of a wrongful act, and stress its residual role, which consists in ensuring that reparation is full and effective, by stating in Article 37 that ‘The State responsible for an internationally wrongful act is under an obligation to give satisfaction for the injury caused by that act insofar as it cannot be made good by restitution or compensation’.

75; Theodor Meron, Human Rights Law-Making in the United Nations, Oxford, OUP, 1986, p. 190. 25 Case concerning Application of the Genocide Convention, ICJ Reports, 1993, p. 440 (Separate Opinion). 26 Yearbook of the Institute of International Law, (1981) 59, Part I p. 60, Part II, 1983, p. 234. 27 Fifth Report on Unilateral Acts by Special Rapporteur Rodriguez-Cedeno, UN Doc. 1, pp. 6−10. 28 Articles on State Responsibility, ILC Report 2001, pp. 206−209, 277−292. 29 Furundzija (ICTY, Trial Chamber), 10 December 1998, IT-95-17/I-T, paras.

244−245. 86 See (1993-II) Yrbk ILC, part 2, pp. 67, 71. Relevant judicial practice is also analysed. 39 Alexander Orakhelashvili below. 89 In case of human rights violations, compensation has to ensure that reparation fully matches the suffering caused to victims. For instance, the mere release of a person who unlawfully spent a long time in detention is hardly adequate reparation. 90 Treatybased organs do regularly award compensation for materially assessable damage to victims of human rights violations.

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