국제인권법 또는 국제인도법의 중대한 위반과 개인배상

According to traditional international law, only states are considered as a subjectof international law. Therefore, states, whose nationals suffer injury by the violationsinternational human rights law or international humanitarian law by other countries,have normally settled the problems through the principle of diplomatic protection or apeace treaty. The claiming states distribute the money damage collected from theviolating states to the victims. Recently, however, various efforts have been introduced to allow reparations forvictims of grave human rights law or humanitarian law more affordable. This isclosely related to the development of international human rights law after World WarⅡ. Human rights are considered as a matter of international concern by the spreadof human rights treaties after the War; it is recognized that international humanrights law should be applied even in times of armed conflicts; the notion of juscogens fundamental for the interests of the international community as a wholeinclude prohibition of slavery, genocide, racial discrimination and torture, which is acore principle for the protection of human rights. Since 1990s, international commissions and international tribunals for individualreparations have been emerging. Moreover, courts of third states increasingly allow aremedy, and domestic courts very often allow a remedy for the victims by notapplying waver clause in a lump sum agreement between states, the rule of stateimmunity, or statute of limitation. A domestic court plays an important role in protecting human rights, but courts’ ruling is not enough as a remedy for serious violations of human rights. Therefore, aunique system of transitional justice such as a truth and reconciliation commissionhas been established in several countries including Korea. Since 1990s, new systemsto protect the victims of serious human rights violations, which have been unseen intraditional international law, are spreading around the world. In 2005, the UN General Assembly adopted “the Basic Principles and Guidelineson the Rights to a Remedy and Reparation for Victims of Gross Violations ofInternational Human Rights Law and Serious Violations of International HumanitarianLaw.” The Principle is said to be based on various international treaties. Therefore,states, to provide the victims of serious human rights violations with an effectiveremedy according to the Principle, are required to reflect it in substantive andprocedural laws.