Practice Relating to Rule 150. Reparation
Argentina’s Law of War Manual (1969), in a provision dealing with the violation of the terms of an armistice by an individual, refers to Article 41 of the 1907 Hague Regulations and provides:
The violation of the terms of the armistice by private persons acting on their own initiative only entitles [the injured party] to demand the punishment of the offenders or, if necessary, compensation for the damages sustained.
Argentina’s Law of War Manual (1989), referring to Article 91 of the 1977 Additional Protocol I, provides: “The party which violates the [1949 Geneva] Conventions or [the 1977 Additional] Protocol I shall, if the case demands, be liable to pay compensation.”
Argentina’s Law on Compensation for Political Prisoners (1991) provides:
Article 1 – Persons who, during a state of siege, were put at the disposal of the national executive power, by decree thereof, or civilians who were detained on the basis of orders issued by a military court – whether or not they have undertaken legal proceedings for damage or prejudice suffered – come within the purview of this law, provided they have not already received compensation in accordance with a prior legal ruling concerning the events in question.
Article 2 – In order to come within the purview of this law, the above-mentioned persons must fulfil one of the following conditions:
(a) They must have been put at the disposal of the national executive power prior to 10 December 1983.
(b) In the case of civilians, they must have been deprived of their freedom on the basis of orders issued by a military court, regardless of whether or not they were convicted by that court.
Argentina’s Law on Compensation for Enforced Disappearances (1994) provides:
Article 1 – Persons who, at the time of the enactment of this law, are the victims of enforced disappearance, shall be entitled to receive, by proxy, special damages equal to the monthly salary of a level-A civil servant (coefficient 100), as provided by Decree No. 993/91.