Reparations Under the Rome Statute of the International Criminal Court and Reparative Justice Theory


Book Description

Modern theories of 'reparative justice' have substantial ambitions for the project of criminal justice and, in particular, the relationship between victims and a criminal justice system. These theories have, in a variety of ways, proven influential in a number of domestic criminal justice systems. At the international level, the Rome Statute of the International Criminal Court has sought to give victims a more central position within the international criminal justice system. One way in which this has been done is through the creation of a regime for reparations to victims in Article 75 of the Statute. This article analyses the main themes of modern reparative justice theory. It goes on to provide a legal analysis of the main elements of the Rome Statute reparations regime and concludes by asking whether, given the constraints under which it operates, the regime can meet the needs of victims in a way that satisfies reparative justice theory.




The Politics of International Criminal Law


Book Description

The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.




Rethinking International Criminal Law


Book Description

The study focuses on the right of victims to participation and to reparations under the Rome Statute of the International Criminal Court. The author argues that the ICC offers an opportunity for the entrenchment of the concerns of victims in the international criminal process. However, he suggests that this depends on what framework of justice the Court adopts. The author further argues that previous international criminal tribunals operated on retributive and utilitarian theories of criminal justice that are exclusionary of and inimical to specific concerns of victims of international crimes. The largely retributive and utilitarian objects driving these systems limited victims to a peripheral status in the process and failed to address fully the harm occasioned to victims.The author proposes restorative justice as the best paradigm of giving effect to the said rights of victims while meeting the law enforcement functions of the prosecutor and protecting defence rights in the ICC.




Contemporary Issues Facing the International Criminal Court


Book Description

Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. Topics include: • Jurisdiction: The 2008-2009 Gaza Issue • The Obligation to Arrest in the Darfur Context • Appropriate Limitations on Oversight • The ICC and Prevention of Crimes • Reparations • Proving Mass Rape • Focus on Africa: Is the ICC Biased? • Increasing Rates of Apprehension and Arrest Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.







Justice for Victims before the International Criminal Court


Book Description

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.




Reparations for Victims of Genocide, War Crimes and Crimes against Humanity


Book Description

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.