Subjektivierung völkerrechtlicher Sekundärregeln. Die Individualrechte auf Entschädigung und effektiven Rechtsschutz bei Verletzungen des Völkerrechts

The article explores the »Subjectivation of Secondary Rules in Public International Law« and advances the view that under customary international law individuals are entitled to claim compensation against States in cases of violations of ius in bello and ius contra bellum.Referring to state practice and the practice of international organisations, drawing on the jurisdiction of (inter-)national courts and tribunals and analysing the work of the ILC (especially concerning state responsibility and diplomatic protection), it is argued that the individual is not only a bearer of obligations but also of (primary and secondary) rights under customary international law.Infringements of primary rights during armed conflict impose the duty to compensate the violation and to provide for effective legal remedies. In this regard the »Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights and Serious Violations of Humanitarian Law« adopted by the UN General Assembly (A/RES/60/147) in March 2006 are an expression of lex lata, as they state secondary rules in international law providing individuals with immediate entitlements.