Bridging the Accountability Gap: Reparations for Civilians Harmed in Armed Conflict

Civilian harm in armed conflict has reached staggering levels. The United Nations recently recorded a 72% increase in civilian casualties worldwide, a stark reminder of the devastating human toll of modern warfare. Yet, mechanisms to provide justice and redress for those harmed remain inadequate. Recent developments, including the International Law Commission’s (ILC) renewed focus on state responsibility and reparations for wrongful acts, and the US’ Civilian Harm Mitigation and Response Action Plan, underscore the growing imperative to address this accountability gap. For some states, this moral argument is augmented by the strategic case that adequate reparation is imperative to winning the hearts and minds of local populations. This post highlights the urgent need for reparations frameworks that provide practical and timely redress for civilians harmed during armed conflict. Drawing on comparative insights from the US, the Netherlands, and Israel, it critiques the UK’s existing approach and identifies actionable pathways for reform. Promise and Perils in Existing Legal Frameworks Reparations for civilian harm in warfare is a complex matter to navigate. This complexity partially stems from the governance of reparations by different bodies of laws—from international law and international human rights law, through administrative law to domestic tort law—but also due...