Reparations at the International Criminal Court: Dangled Carrot or Path to Healing?
摘要
This chapter focuses on the innovative position of victims in the proceedings before the International Criminal Court (ICC), quite unprecedented in whole history of International Criminal Law (ICL). While adopting provisions concerning the participation of victims, the drafters of the Rome Statute endorsed the idea that the object and purpose of procedure before the ICC is not only the eventual punishment of perpetrators of crimes under international law, but also securing of justice for those who vis-à-vis these crimes suffered physically, mentally, or materially. Therefore, the Rome Statute endeavors to achieve not only retributive justice but also its restorative counterpart. The author identifies two major flaws of the ICC Trust Fund for Victims (TFV) reparation mandate, which is linked to accountability, arising from individual criminal responsibility of a convicted person. She argues that reparations are often given only to a select group of victims (issues of narrowness) and are not given in a timely manner (issue of timeliness). Therefore, she proposes that the assistance mandate that unlike its reparation counterpart is not dependent on the conviction of the accused and establishment of their individual criminal responsibility be strengthened to provide reparations to victims before the end of a trial, weakening the tie between the reparations and the perpetrator. She discusses this recommendation in the context of an analysis of reparations in general, the ICC TFV system at large, and four TFV reparations case studies: Lubanga, Katanga, Al Mahdi, and Bemba.