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Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System
| Content Provider | SAGE Publishing |
|---|---|
| Author | Balta, Alina Bax, Manon Letschert, Rianne |
| Copyright Year | 2018 |
| Abstract | 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. |
| Related Links | https://journals.sagepub.com/doi/pdf/10.1177/1057567718807542?download=true |
| Starting Page | 221 |
| Ending Page | 248 |
| Page Count | 28 |
| ISSN | 10575677 |
| Issue Number | 3 |
| Volume Number | 29 |
| Journal | International Criminal Justice Review (ICJ) |
| e-ISSN | 15563855 |
| DOI | 10.1177/1057567718807542 |
| Language | English |
| Publisher | Sage Publications CA |
| Publisher Date | 2018-11-15 |
| Publisher Place | Los Angeles |
| Access Restriction | Open |
| Rights Holder | © 2018 Georgia State University |
| Subject Keyword | reparative justice international criminal proceedings justice for victims International Criminal Court reparations mass victimization |
| Content Type | Text |
| Resource Type | Article |
| Subject | Law |
