BBM:I would like to pose the following questions to the experts:
1.) Did the ILC make an error is striking State Responsibility from the Zutphen Drafts? The problem as I see it is that the victims may be awarded a large monetary sum, either collectively or individually, and there is a single defendant; what if he or she judgment proof? And what if the TFV has insufficient funds to meet the award?
2.) Without an overarching body speaking for the Court and not each individual chamber, does the...(more)
grant2012:
Monuments and Museums as Reparations after Mass Atrocities
Argument:
The International Criminal Court should utilize monuments and museums as a form of collective reparations once a coherent, shared narrative has emerged after mass atrocities. To determine if a narrative has emerged, the Court should look to the majority views within the parties to a conflict to determine if there is agreement as to the occurrence of crimes and the roles of the...(more)
jonathan.tobin:
Argument:
The International Criminal Court may be ill-equipped to make reparations decisions in all cases. Instead of seeking to make these specific determinations, the
ICC
should focus its resources on creating a set of standards and guidelines that local reparations committees—drawn from local governments, organizations and victims’ groups—can use to make decisions about how reparations funds will be distributed. The...(more)
nmoley:
Argument:
In seeking to achieve rehabilitative justice, the
ICC
should implement reparative schemes through the Victim’s Trust Fund (VTF). When doing so, an approach which parallels the principle of complementarity in the criminal prosecution context also provides a good model for reparations. By working in conjunction with domestic agencies to issue reparations schemes, the
VTF
can conserve resources,...(more)
Kimia:
Allocation of Voluntary Contributions of the Trust Fund for Victims
Argument—Because a defendant’s assets usually do not provide for adequate resources to compensate his victims, the
TFV’s “other resources” mechanism needs to be used effectively. Following a ravaged conflict, the term “victim” should be defined to include individuals who are not directly linked to the crimes of the defendant undergoing...(more)
elio:
When deciding on a reparations regime to implement, the International Criminal Court should evaluate each context individually. The
ICC
should then tailor the reparations regime it adopts to best fit the society, culture, and particular circumstances of each case while taking account of practical limitations.
I. Introduction
Reparations provisions are a relatively new development in the context of international criminal law...(more)
Sean.Lowe:
How to Disentangle State Assets from Reparation Funds
Argument: Assuming the implementation of a reparations regime pursuant to
Article 75
of the
Rome Statute, the
ICC
will face a particularly daunting task: how to treat the assets of the convicted when these are commingled with those misappropriated from the state. I propose the creation of a judicial mechanism giving the trial division a degree of...(more)
Featured Comments