Civil liability for gross human rights violations

Over the last fifty years efforts at improving human rights protection at both the international and national levels have found expression in mainly two interrelated legal regimes: the international and regional treaty based human rights system and the international criminal justice system for the prosecution of individual human rights offenders. However, apart from perhaps the European example, the standard-setting achievements the world has witnessed since the Second World War have not been met by similar achievements in the provision of effective remedies for the victims of serious human rights violations. This is not to deny that some progress has been made and that the process we are witnessing is still unfolding and could over time, with the requisite state support and political will, develop into a more meritorious human rights protection system. At the same time it would be rather foolish not to take note of the reasons and factors causing the system not to live up to expectations, come of which may be mentioned here.