Illusion and Reality in the Compensation of Victims of International Terrorism

22 Pages Posted: 18 Feb 2007

See all articles by Monica Hakimi

Monica Hakimi

Columbia Law School

W. Michael Reisman

Yale University - Law School

Abstract

This Article argues that the judicial and legislative practices in the United States are creating a counterfeit reality with respect to the compensation of victims of terrorism: U.S. courts enter large monetary judgments against State sponsors of terrorism, purporting to hold them responsible for their human rights violations. Yet because no domestic or international mechanism exists for enforcing these judgments against the violating States, victims' groups instead look to the U.S. Congress - and, particularly, to the U.S. Treasury - to satisfy their judicial awards. The system thus creates only the illusion of enforcing human rights, and it may ultimately set back the program for the protection of human rights by diverting attention from the critical issues.

Keywords: Terrorism, International Law, Compensation, Human Rights

JEL Classification: K33

Suggested Citation

Hakimi, Monica and Reisman, W. Michael, Illusion and Reality in the Compensation of Victims of International Terrorism. Alabama Law Review, Vol. 54, No. 2, p. 561, 2003, Available at SSRN: https://ssrn.com/abstract=935408

Monica Hakimi (Contact Author)

Columbia Law School ( email )

435 West 116th St
NEW YORK, NY 10027

W. Michael Reisman

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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