Forgotten Victims of Military Humanitarian Intervention: A Case for the Principle of Reparation?

摘要

The purpose of this article is briefly to present a case for the principle of reparation as a new jus in bello principle for just humanitarian intervention. The article is divided into three sections. In “Restorative Justice and Civilian Protection”, I investigate the idea of restorative justice in order to consider whether or not it can complement the shortcomings of the just war tradition in civilian protection. In “The Legal Framework on Reparation: Its Scope and Limitations”, I examine the scope of the law of armed conflict on reparatory measures in order to consider whether and how ideas of and measures for restorative justice might be incorporated in the jus in bello framework for military humanitarian intervention. In “The Issue of Civilian Victims: A Case for Reparation”, I explore the implications of reparatory measures for victims in order to suggest that these measures are not only beneficial to civilian victims but also imperative to be taken by the interveners if they undertake military intervention within the jus in bello framework and claim its moral justifiability.