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Article 75 - Reparations to victims
The Rome Statute was based on respect for individual rights and freedoms and included
mechanisms to ensure impartial justice, the ICC could not be viewed as an "extraordinary or special court",
the latter being national courts which replace ordinary courts and which do not apply established legal
procedures.
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.
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.
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.
Related Material
Legal Instruments
The Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court adopted at Rome on 17 July 1998, in force on 1 July
2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations.
The full text of the Rome Statute of the International Criminal Court (pdf size:506 kb)
The Rome Statute combined with Chinese, Arabic and English languages
Rome Statute of the International Criminal Court, Rome, 17 July 1998, United Nations, Treaty Series, vol. 2187, p. 3 (Download ‘Rome Statute’ in the PDF Format: Size 23Mb (The document combined with Chinese, Arabic and English languages)
http://treaties.un.org/doc/Treaties/1998/07/19980717%2006-33%20PM/Ch_XVIII_10p.pdf
Useful Links:-
The Universal Declaration of Human Rights...Read More
What’s Reparation Law?
The various forms of reparation law and their scope and content, covering both monetary and non-monetary reparations, may be summarized in its five forms consists restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Reparation shall render justice by removing or redressing the consequences of the wrongful acts and by preventing and deterring violations... What’s Reparation Law
Defining the Goals of Reparations
The quest for protecting individuals from mass atrocities is as old as the UN Charter and the Universal Declaration of Human Rights. The larger part of the Principles and Guidelines, with strong domestic law implications, sets out the status and the rights of victims, and corresponds to the title of the document as it refers to the right of victims to a remedy and reparation... Defining the Goals of Reparations
The Concept of Reparations
Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility. As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation...The Concept of Reparations
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.
http://www.reparationlaw.com/statepractices/remedy-reparations-state-responsibilities.php
An introductory note by Prof. Dr. Theo van Boven
http://www.reparationlaw.com/resources/treaties-international-law-scholars-experts/
A Handbook on Justice for Victims
A Handbook on Justice for Victims based on the use and application of the ‘Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power’....More
A Handbook Implementing Victims' Rights
Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation - Handbook prepared by The Redress Trust
http://www.redress.org/downloads/publications/Reparation%20Principles.pdf
Reparations Law Debate:-
Reparation has progressively been conceived as a ‘Right’ of victims.
Invest in a Judgment
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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