The Duty To Make Amends to Victims of Armed Conflict

Abstract

In the past decade, calls for monetary payments by warring parties to the civilians they harm
have become significantly louder and more prominent. The law of armed conflict permits parties
to harm civilians as long as the harm is not excessive to the concrete and direct military advantage
they anticipate gaining through an attack. This Article examines the current state of international
law regarding duties owed to victims suffering harm as a result of lawful combat operations, and it
discusses the moral obligations these warring parties owe to them because they caused the harm.
The Article notes that civilians who suffer incidental losses as a result of lawful acts during armed
conflict are not currently entitled to any compensation or reparation and that the parties responsible
for causing them harm typically ignore them. This Article argues that the solution proposed by
international civil society groups and practiced by some states, known as “making amends,” meets
an important but long overlooked moral obligation on warring parties.