Victims of Terrorism and Reparation: Applying the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation

While victims of terrorism undergo significant harm, there is currently no specific legal framework addressing their right to reparation. Certain regional provisions focus on establishing compensation funds under national law but do not explicitly acknowledge an existing right to reparation which includes restitution, compensation, rehabilitation, satisfaction, and guarantees of non repetition. To fill this gap, this Policy Brief argues that the UN 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 (UN Basic Principles and Guidelines) should be applicable to terrorism victims. The brief initially explores the absence of an internationally proclaimed right to reparation for this category of victims. Subsequently, it illustrates that considering the shared characteristics between victims of terrorism and those of international crimes, gross violations of International Human Rights Law, or serious violations of International Humanitarian Law as well as the common elements between terrorism and international crimes, gross violations of human rights and humanitarian law, the UN Basic Principles and Guidelines should extend to victims of terrorism. This application is seen as a recognition of their right to reparation, fulfilling states’ responsibility to provide a comprehensive framework for the harm suffered by victims and consequently enhancing the international protection of terrorism victims.