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Reparations to Victims

Legal Regime for ICC Reparations

The central norm in the Rome Statute that guides reparations to victims is Article 75 on “Reparations to victims”. Art. 75, Paragraph 1, the Court may lay down the principles for reparation for victims, which may include restitution, compensation and rehabilitation. Paragraph 2, the Court may also enter an order against a convicted person stating the appropriate reparation for the victims or their beneficiaries. This reparation may also take the form of restitution, compensation or rehabilitation. The Court may order reparations to be paid through the Trust Fund for Victims, which was set up by the Assembly of States Parties in September 2002 in accordance with Article 79 of the Rome Statute.

The Rules of Procedure and Evidence, section III, sub-section 4, states the substance and procedure of reparation proceedings before the ICC. When the Court issues a warrant of arrest or summons, an order for protective measures to ensure that any assets which may be the subject of a future reparations order are maintained in accordance with Article 57, paragraph 3 number (e) of the Rome Statute. Article 93, paragraph 1, seriatim h and k (under other forms of cooperation) States Parties are required to assist in the execution of searches and seizures and the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties.

Article 75 paragraph 4, provides that after a conviction in order to give effect to a reparations order the Court may seek measures under Article 93, paragraph 1, seriatim h and k, requiring States Parties to assist in the execution of searches and seizures and the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties.

Article 75(2) of the Statute empowers the Court to make a reparations order against a convicted person, specifying reparations to, or in respect of, victims.

Article 75, Rome Statute - Reparations to victims

1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.

2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.

Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.

3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.

4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.

5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.

6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Rome Statute is available in the following languages:-

A/CONF.183/9 EnglishEspañolFrançaisعربي

Adoption: 17.07.1998 
Entry into Force: 01.07.2002

Source : UNDCPEICC
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Prospects:- International human rights treaties and instruments provide that victims of international crimes have the right to seek and obtain effective remedies for the violation of their rights. In honouring the victims’ right to benefit from remedies and reparation, the international community keeps faith with the plight of victims, survivors and future human generations and reaffirms international law in the field...International Courts and Tribunals

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