DUE PROCESS IN INTERNATIONAL MASS CLAIMS


Hans van Houtte & Iasson Yi

Abstract

Mass claims proceedings, in which whole groups of claimants are treated more or less collectively, aim at an efficient settlement in circumstances where individual proceedings would be too cumbersome, too time consuming and/or too expensive. Standards of due process applicable to individual justice cannot apply directly to mass claims proceedings. However, such proceedings have to respect due process, albeit in a slightly different form, in order to be perceived as fair, credible and legitimate. This paper examines how some recent mass claim bodies involved with the restoration of property rights after war have elaborated their own standards of due process.

> full text