Victims' Rights Working GroupPromoting the rights and interests of victims
April 2017
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REPARATIONS

Article 75 of the Statute states that the Court will establish principles for reparations to victims, including restitution, compensation and rehabilitation. Judges of ICC have decided that reparation principles would be established on a case by case basis. Rules 94 to 99 of the Rules of Procedure and Evidence set out the procedure for reparations to victims. Reparations may be granted by the Court upon request of victims or based on a motion of the Court itself. The Court may invite to the reparations hearings not only the victims and the convicted persons (with their respective legal representatives), but also other interested persons or interested States whose properties could be affected by the rulings on reparations.

Reparations can be individual or collective or both. Indeed, while the Court procedures currently require that reparations must be applied for individually, they can be awarded collectively in favour of a project, public service, monument or other initiative which may provide reparation to a group of victims.

On 7 August 2012, Trial Chamber I issued the first reparation order by the ICC following the conviction of Mr Lubanga. The Appeal Chambers has since modified the original ruling. In that case, only collective reparation has been ordered and the Chamber has delegated to the Trust Fund for Victims the tasks of defining the exact modalities of reparation and propose a reparation plan for the Chamber’s approval.

The Trust Fund for Victims

A Trust Fund has been established in September 2002 for the benefit of victims and their families, and its sources include money and other property collected through fines and forfeiture imposed by the Court as well as voluntary contributions from external sources.

Administered by a Secretariat which is located at the premises of the Court in The Hague, it is supervised by a Board of Directors.

The Trust Fund has 2 mandates:

  • Reparations Mandate: implementing awards for reparations ordered by the Court against a convicted person;
  • Assistance Mandate: using its other resources to provide victims under the ICC’s jurisdiction with physical rehabilitation, psychological rehabilitation, and/or material support.

So far the Trust Fund has implemented assistance projects in DRC and Uganda. It is planning to start activities in CAR.

Read the TFV latest strategic plan 2014-2017

 

Relevant Documents

Northern Ugandans IDPs have been resettled to government-controlled camps, sometimes forcibly, in the face of the ongoing civil conflict.
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