THE RIGHT TO A REMEDY AND REPARATION IN THE INTERNATIONAL LAW. A COMPARATIVE STUDY BETWEEN THE INTERNATIONAL LAW OF STATE RESPONSIBILITY AND THE BASIC PRINCIPLES ON THE RIGHT TO A REMEDY AND REPARATION FOR HUMAN RIGHTS VICTIMS

In this article are analyzed the most important texts in the area of reparations to the victims in the International Law and that reflect the essential characteristics of the International Law of State Responsibility and of the International Law of the Human Rights. On the one hand, the Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the United Nations International Law Commission (ILC) in 2001. On the other one, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, approved by the United Nations General Assembly in 2005. These texts articulate, each one in their scope, those principles that have been applied in the international courts and that enjoy a wide consensus in the International Law. The aim of the article is to identify the common elements as well as the elements characteristic of each one of them, in order to show theirs achievements and deficiencies at the moment of repair victims of human rights violations.