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International Law and Post-Conflict Reconstruction Policy Symposium Law and Policy on Post-Conflict Restitution: Response to James Sweeney

By Anneke Smit [Associate Professor in the Faculty of Law, University of Windsor] In his chapter focussing on property restitution for refugees and IDPs at international law and at the ECtHR, James Sweeney captures effectively the tension between the “generalised ideal” and the “uncomfortable reality” of justice provision in this area. This chapter is a welcome contribution to a growing body of literature critiquing the brightline approach of the Pinheiro Principles, 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, and…