Reference : The International Criminal Court and Reparations: Judicial Innovation or Judicialisat...
Scientific journals : Article
Law, criminology & political science : European & international law
The International Criminal Court and Reparations: Judicial Innovation or Judicialisation of a Political Process?
Owiso, Owiso mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
International Criminal Law Review
Brill|Martinus Nijhoff Publishers
[en] International Criminal Court ; reparations ; transitional justice ; mass atrocities
[en] The Rome Statute of the International Criminal Court bestows reparative powers upon the court, a significant development in international criminal justice. However, the court still struggles to effectively exercise this mandate. This article proceeds on the assumption that reparations for mass atrocities are best handled through domestic political processes rather than international criminal justice processes. The article interrogates the effectiveness of the court’s reparative powers by testing them as against the court’s practice, specifically in the Lubanga, Katanga and Al-Mahdi cases. The article concludes that despite noble intentions, practical realities and difficulties make doubtful the court’s suitability as a reparative forum for mass atrocities. Nevertheless, in the absence of a more suitable alternative for effective and meaningful reparations, the article proposes policy reforms to achieve robust reparative complementarity between the court and transitional states, and complementarity between the court’s reparative mandate and the Trust Fund for Victims’ assistance mandate.
Geneva Academy of International Humanitarian Law and Human Rights
Researchers ; Professionals ; Students ; General public

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