The focus of the materials that follow is on what has come to be called ‘transitional justice’, and on the rapid expansion of the ‘right to an effective remedy’ (Article 8 of the UDHR), which is an integral part of international human rights law.

International law has long recognized the importance of reparations, especially in the context of a state’s obligation to repair the consequences of a breach of international law for which it is responsible. In human rights law, the more common generic term is ‘remedies’ which is used to encompass reparations, as well as restitution, compensation, satisfaction, and guarantees of non-repetition.

These different elements have all become crucial components of the approach to transitional justice, which was originally developed as an approach to facilitate the transition from authoritarianism to democracy, but is now also used to encompass post-conflict transitions. In addition, the relevant principles are increasingly being invoked in situations in which demands are made for comprehensive measures to redress historic and ongoing injustices, including slavery, colonialism, and the ravaging of indigenous societies.