RT Article
T1 Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System
JF International criminal justice review
VO 29
IS 3
SP 221
OP 248
A1 Balta, Alina
A2 Letschert, Rianne 1976-
A2 Bax, Manon
LA English
YR 2019
UL https://krimdok.uni-tuebingen.de/Record/1751144933
AB Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.
K1 International Criminal Court
K1 international criminal proceedings
K1 justice for victims
K1 mass victimization
K1 Reparations
K1 reparative justice
DO 10.1177/1057567718807542