Principles on Reparation for Victims in International Criminal Justice

This chapter analyses the structure of the victim reparation procedure adopted by the Appeals Chamber’s decision in the first case in the ICC and considers whether more weight was given to the demand for restorative justice or the demand for redress of victims’ rights, seeking implications on what premises of international criminal justice were taken into account. It finds that, first, the reparation procedure in this case ensured the participation of both the victim and the accused in the reparation process. Second, emphasis was placed on clearly indicating the harm suffered by the victim and the extent of the responsibility of the accused. Third, the structure of the reparation procedure has adopted a restitution order type. In addition, the structure of the reparation procedure in the present case was designed mainly to meet the demands of restorative justice. In turn, it became clear that the reparation procedure in the case would not operate as an ancillary private action in which the victims themselves would be able to bring civil claims to the international organization, the ICC.