Abstract
On 16 December 2005 the United Nations General Assembly adopted 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’, also known as the Van Boven/Bassiouni Principles. This article discusses a number of conceptual issues raised by The Principles, including their legal status, the relationship between human rights and international humanitarian law, and the role of non-State actors. It concludes that The Principles are not perfect and in many respects the result of compromise. They should nevertheless be welcomed because they attempt to structure the multiplicity of standards, principles and interpretations that exist regarding the right to a remedy and reparation.