23. In the instant case, the Court having found in its Judgment of 28 March 2014 abovecited that there have been violations of the Charter by the Respondent State. this State
is liable to make full reparation for the prejudice caused to the Applicants.
24. The Court would further like to recall that, in accordance with international law, for
reparation to accrue, there must be a causal link between the wrongful act that has been
established and the alleged prejudice . On that score, Article 31(2) of the Draft Articles on
Responsibility of States mentioned above indeed refers to a "prejudice ... resulting from
5
an internationally wrongful act by a State" .
25. In the instant case, therefore , it is only damages resulting from identified wrongful acts
that the Court will take into consideration.
26. The Court would further like to note that, according to international law, both material
and moral damages have to be repaired . In terms of Article 31 (2) of the Draft Articles on
Responsibility of States mentioned above: "Injury includes any damage , whether material
or moral ... " 6
27. According to Dictionnaire de droit international public, material damage is "one that
affects economic or material interest, that is, interest which can immediately be assessed
in monetary terms"7 . As for moral damage , it is defined as one that affects the reputation ,
sentiments or affection of a natural person who enjoys diplomatic protection or who can
be sued"a. (Registry translation)
and Costs),
s Ibidem. See also: IACHR. Ticona Estrada and Others v Bolivia (Merits, Reparations
facts of the
the
with
link
causal
a
have
must
s
reparation
"The
110:
para.
2008,
r
Judgment of 27 Novembe
repatr the
to
case, the alleged violations. the proven damages, as well as with the measures requested
declare
and
adjudge
to
order
resulting damages. Therefore , the Court must observe such coincidence in
according to law."
e Yearbook of the International Law Commisston, 2001 , Vol II (2), p. 28.
7 Dictionnaire
de droit international public, Jean SALMON, ed. Bruxelles, Bruylant, 2001 , p. 361
December
/btdem. See also IACHR. Cantors/ Benavides v Peru (Reparattons and Costs), Judgment or 3
victtms
direct
the
to
caused
suffertng
and
pain
the
2001 , para 53: "Non-pecuniary damages might Include
adverse
other
persons,
for
Important
very
are
that
things
to
and to thetr loved ones, discredit
the vtcttm or
consequences that cannot be measured in monetary terms. and disruption of the lifestyle of
his family"
8
10