Tilting at windmills: Reparations and the International Criminal Court

نویسندگان

چکیده

Abstract More than 20 years on from the signing of Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence only began to emerge 2012 struggles find purchase implementation ground. In its first few cases Lubanga, Katanga, Al Mahdi eligibility forms have limited certain victims, subject litigation, faced difficulties in delivery due ongoing insecurity. This is perhaps felt most acutely Bemba case, where more 5,000 victims murder, rape pillage were waiting for redress, defendant was not indigent, but he later acquitted appeal, thereby extinguishing reparation proceedings. article critically appraises practice International Criminal Court (ICC) reparations. It looks at competing principles rationales light comparative international human rights law transitional processes consider what needed ensure that ICC able deliver mandate. An underpinning argument cannot be seen isolation other practices states operates. Reparative complementarity crimes essential maximize positive impact fulfilment this right can sacrifice legitimacy Court, nor quixotically strive impossible.

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ژورنال

عنوان ژورنال: Leiden Journal of International Law

سال: 2021

ISSN: ['1478-9698', '0922-1565']

DOI: https://doi.org/10.1017/s092215652100025x