From Chapter OneANALYSIS AND QUESTIONS RAISED BY THE COURT'S JURISPRUDENCEThe Court's creation of the Victims' Legal Assistance Fund helps to address the financial barriers that exist for some victims in accessing the Inter-American human rights system. However, the Fund is composed of "voluntary capital contributions from the Members States of the OAS, the Permanent Observer States, and other States and donors that may wish to collaborate with the Fund" and may not have sufficient resources to address all the existing financial needs.- As a relatively new creation of the Court, the procedures and decision-making regarding the Fund may continue to be developed. What priorities should the Court utilize in making decisions regarding the Fund and its expenditures?- Should the Court develop predetermined expense guidelines for fact and expert witnesses, the appointment of legal representatives, and other expenditures, or should the Court review each request and provide support so long as funding is available?- Given the Court's recognition that it probably cannot provide funding to meet the entire financial need of requesting parties, should the Court determine how the available funding should be spent, or should the requesting party make that decision?- Should the Court require States to routinely reimburse the Fund if the State is subsequently found to have violated the Convention in the associated case? Excerpted from International Law and Reparations: The Inter-American System by Claudio Grossman, Agustina del Campo, Mina A. Trudeau All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.
