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Victim participation and t he Right to Reparations at the ICC Dr. Maja Munivrana Vajda, LL.M.

Victim participation and t he Right to Reparations at the ICC Dr. Maja Munivrana Vajda, LL.M. VICTIM PARTICIPATION BEFORE THE ICC. http://www.youtube.com/watch?v=chymGL8teX4. LEGAL FRAMEWORK. Art. 75 RS – Reparations to victims Art. 79 RS – Trust Fund

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Victim participation and t he Right to Reparations at the ICC Dr. Maja Munivrana Vajda, LL.M.

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  1. Victim participation and the Right to Reparations at the ICC Dr. Maja Munivrana Vajda, LL.M.

  2. VICTIM PARTICIPATION BEFORE THE ICC • http://www.youtube.com/watch?v=chymGL8teX4

  3. LEGAL FRAMEWORK • Art. 75 RS – Reparations to victims • Art. 79 RS – Trust Fund • Rule 85 RPE – Definition of victims • Rules 94-99 RPE – Reparations to victims • Regulations of the Trust Fund for Victims • + international law and • standards on victims’ • rights (art. 21 RS)

  4. Art. 75 RS • 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.

  5. Art. 75 RS 2. The Court may make an order directly against a convicted person specifying appropriate reparations… Where appropriate, the Court may order that the award for reparation be made through the Trust Fund…

  6. Rule 97 RPE • Taking into account the scope and extent of any damage, loss or injury, the Court may award reparations on an individualized basis or, where it deems it appropriate, on a collective basis or both. • …the Court may appoint appropriate experts to assist it in determining the scope, extent of any damage, loss and injury…and to suggest…appropriate types of modalities of reparations.

  7. Art. 79 RS 1. A Trust Fund shall be established … for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims. 2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the TF. 3. The TF shall be managed according to the criteria to be determined by the ASP [Regulations]

  8. VICTIM REDRESS • TFV “for the benefit of victims of crimes within the jurisdiction of the Court” (art. 79) • REPARATIONS individual crim. resp. (convicted person) award directly to through Victims the TFV Individualindividual collective

  9. Lubanga case • 14 March 2012, TC I issued a “Scheduling order concerning timetable for sentencing and reparations” – invited the Parties, the participants, the TFV and the Registry to make observations on the following issues:

  10. whether reparations should be awarded on a collective or individual basis • to whom are they to be directed, how harm is to be assessed and what are the criteria to be applied to the awards • is it possible/appropriate to make reparations order against the convicted person

  11. would it be appropriate to make reparations order through the TFV • whether the parties or participants seek to call expert evidence • Decision establishing the principles and procedures to be applied to reparations, 7 August 2012

  12. “Reparations fulfill two main purposes: • They oblige those responsible for serious crimes to repair the harm they caused to the victims • They enable the Chamber to ensure that offenders account for their acts.”

  13. “Reparations in the present case must:” • Deter future violations • Afford justice to the victims • Relieve the suffering caused by these offences • Contribute to the effective reintegration of former child soldiers • Assist in promoting reconciliation between the convicted person, victims and the communities

  14. What is the purpose of reparation regime? • Retribution? • Deterrence? • Restoration (restorative justice)? • Peace, security, reconciliation? • Didactic objective of improving respect for HR and expressing moral denunciation?

  15. Individual reparations? • Who are victims? • Rule 85 (a): ‘Victims’ means natural persons who have suffered harm as a result of the commission of any crime within the jurisdiction of the court. • Same standard as for participation in the proceedings?

  16. Individual reparations? • Prosecutorial discretion • “Super victims” v. ordinary victims • Problems of identification and related costs + length of proceedings • Indigent perpetrators

  17. Individual reparations? • Financial compensation - commodification of suffering? • Symbolic reparations? - satisfaction - guarantees of non-repetition

  18. Collective awards? • More practical? • More appropriate in context of international crimes – committed against collectivities • Collective awards to address collective harm • More apt to achieve lasting effects on communit. • Indirectly benefits individual victims • Problems?

  19. The role of victim redress within the educational paradigm • Outreach – legitimacy of the ICC (international criminal justice in general) • Collective reparations + general TFV activities/assistance to victims

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