Attempts to legally tackle cases of historical injustice are often confronted with the problem that the events in question were not considered illegal at their time and that, in general, legal rules should not be applied retroactively. The present article suggests a conceptual framework to carefully stretch the dogmas of intertemporal law by introducing, via ethical principles as part of positive law of the time, contemporary contestation of inhumane actions and practices. Even though such contestation might not yet be enough to overturn a widely shared apologetic view among lawyers and states, it is argued that the violation of ethical-legal principles as such should give rise to a duty to give satisfaction under the law of state responsibility. In most cases of historical injustice brought to court, members of victimized groups aim at acknowledgment of their plight and at a reappraisal of the past that includes their experiences. In line with this objective, the present article makes a special case for a state obligation to negotiate with the victims of historical injustice or their descendants.

中文翻译：

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如何非法化过去的不公正：重新解释跨期规则

试图以法律方式处理历史上的不公正案件往往面临这样一个问题，即有关事件在当时并不被认为是非法的，而且一般而言，法律规则不应追溯适用。本文提出了一个概念框架，通过将伦理原则作为当时实在法的一部分引入当代对不人道行为和做法的争论，从而谨慎地扩展跨期法律的教条。尽管这样的争论可能还不足以推翻律师和国家之间广泛共享的道歉观点，但有人认为，违反道德-法律原则本身应该引起根据国家责任法给予满足的义务。在大多数被诉至法庭的历史不公正案件中，受害群体的成员旨在承认他们的困境并重新评估过去，包括他们的经历。本着这一目标，本文提出了一个国家义务与历史不公的受害者或其后代进行谈判的特殊情况。