SOLUTIONS

1. COMPARATIVE CHART OF ALL CASE STUDIES, SUCCESSFUL AND FAILED POLICIES;

FINANCIAL MEASURES, POLITICAL MEASURES (TREATY OF VERSAILLES; POSTDAM
AGREEMENT; KOREAN WAR; GULF WAR 687, DE 1991; CASE SYRIA; CASE YEMEN;
AFRICAN CASES)

2. Case by Case Basis Algorithm

a. What: is an algorithm aimed at determining how to proceed during the aftermath

on an armed conflict, so as to properly manage the victims of the conflict, base on
a case by case basis
b. Why: the loopholes and lack of mechanism to identify the type of reparations and
the type of victims
c. How: by solving the algorithm (crear algoritmo y también la app); who Will solve
the algorithm? The expert commission of the UNHRC; The UPR shall serve as to set
the context of the violations; the XXX chart shall serve as to base the algorithm
(para aplicar las consecuencias necesarias en el algoritmo tomando en cuenta los
errores del pasado)

1. Creates the XXX algorithm, as a strategy aimed at determining the correct ways of
proceeding during the aftermath of an armed conflict, so as to properly indemnify the
victims of the conflict, base on a case-by-case basis, thus addressing the loopholes and
lack of mechanism to identify the type of reparations and the type of victims, by:
a. The Advisory Committee of the Human Rights Council shall solve the algorithm in
the following occasions:
i. Whenever the yearly Universal Periodic Review highlights cases of victimization
in the context of a National or International Armed Conflict,
ii. Whenever an International or National Conflict has officially been declared as
ended,
b. The algorithm shall determine the type of victim and the type of indemnification
based on the following questions:
i. Did the Human Rights violation occur in the context of an IAC or a NIAC?
ii. In case that the violation was committed in the context of an IAC, was it
committed by a State Actor or a Non-State actor?
iv. In case it was committed by a NSA, was the host State to the NSA willing and
able? unwilling and unable? unwilling and able? Or willing and unable to address
the threat?
v. In case that the violation was committed in the context of a NIAC, was it
committed by a State Actor or a Non-State actor?
iii. In case it was committed by a State Actor, was it a Foreign State Actor or the
National State?
vi. In the case that an official of a State Actor committed the violations, was it
invested with authority or acting following orders of a superior?
 vii. In case the violations were committed by a Foreign State Actor, is there proof
material to confirm the FSA’s actions?
viii. Is the victim individual or collective?
ix. Which type of damage does the victim claim to have suffered?
c. The answers to the aforementioned questions shall be systemized as an algorithm
and shall provide an automatic response as to which type of victim does the case
entail; who was the perpetrator and; which is the required indemnification.

3. Guidelines for the proper treatment of involved parties after an armed conflict:
a. What: A set of guidelines to determine how the international community should
establish the treatment /consequences for the involved parties (defeated and
victors and third parties) of an armed conflict, specifically regarding war
reparations.
b. Why: There is not an international standard practice on how to treat involved
parties at the aftermath of the conflict, and several treaties have proven to be
financially and politically inefficient in the long term. (Versailles, Kuwait,
Postdam)
c. How: How should the defeated party be treated financially and politically? Are
the people of the defeated state liable for the acts committed by their
government (paying reparations through taxes, etc)? How to repair damages
caused in the territory of victor states and third parties that resulted affected by
the war (financially, infrastructure, psychological damage, physical damage)

1. Highly encourages the implementation of the XXX Guidelines, for the proper treatment of
involved parties after a war conflict has concluded, due to the lack of an international
standard practice on how to treat these involved parties at the aftermath of an
International Armed Conflict in regards to war reparations, this set of guidelines will work
as follows:
a. As soon as the IAC concludes, the UNHRC must activate an Extraordinary Review,
to address the violations committed by the involved parties during the conflict,
b. After the Extraordinary Review is established, an expert commission of the
UNHRC, shall determine the costs of the reparations needed to cover the damages
caused by the involved parties in the IAC,
c. Once the Experts Commission of the UNHRC determines the quantum of damages,
such amount shall be informed to the International Monetary Fund, where a
payment plan for the compensation of the reparations caused by the involved
parties, will be established, having into consideration:
i. The reparations that the involved parties have to pay, must be
proportional to the gravity of the violations and the damages caused,
based on the involved party’s ability to pay for the reparations,
 ii. The involved parties that must pay for the war reparations, shall have the
right to participate in the Extraordinary Periodic Review to guarantee that
the payment plan dictated by the IMF can be viable for the party to pay.
iii. Notwithstanding, the opinions of the involved parties shall not be binding
for the IMF in its final payment plan,
d. In the case that the involved party meant to pay for the war reparations is still not
in agreement with the payment plan, this case can be transferred to the
International Court of Justice, to settle in accordance with the International law
this legal dispute.