V. CLAIMS OF DAMAGES
19. Before considering specific claims for compensation, the Court would first like to make
a number of preliminary observatio ns of a general nature.
A) Preliminary Observations
20. The Court recalls , firstly, that under international law, a country found guilty of an
International crime is required to make full reparation for the damage caused.
This obligation was stated by the Permanen t Court of International Justice in a dictum in
The Factory at Chorz6w case, in the following words:
"It is a principle of international law that the breach of an engagement involves an obligation to
make reparation In an adequate form Reparation therefore is the indispensable complement of
a failure to apply a convention , and there is no necessity for this to be stated in the convention
itself. 3
21 . This statement was subseque ntly put in the following words by Article 31 ( 1) of Draft
Articles on Responsibility of States for Internationally Wrongful Acts adopted by the
International Law Commissi on (ILC) and submitted to the United Nations General
Assembly
1n
2001 :
"1. The responsible State is under the obligation to make full reparation for the Injury caused by
the internationally wrongful act"_. .
22. In the context of the African human rights protection system, this principle is reflected
in Article 27 (1) of the 10 June 1998 Protocol establishing this Court, which provides that:
"If the Court finds that there has been violation of a human or peoples' rights, it shall make
appropriate orders to remedy the violation, including the payment of fair compensation or
reparation".
PCIJ: The Factory at Chorz6w, (Jurisdiction) Judgment of 26 July 1927, Series A , No 9 (1927), p. 21 ,
See also· Idem (Merits), Judgment of 13 September 1928. Series A. No. 7, p 29
3
Yearbook of the International Law Commission , 2001 , Vol. II (2); The UN General Assembly took note of
the Draft Articles by Its resolution 56/83 of 12 December 2001.
4
9