ARTICLE: JUSTIFYING COMPENSATION BY THE INTERNATIONAL CRIMINAL COURT'S VICTIMS TRUST FUND: LESSONS FROM DOMESTIC COMPENSATION SCHEMES Skip over navigation
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Copyright (c) 2010 Brooklyn Journal of International Law
Brooklyn Journal of International Law

ARTICLE: JUSTIFYING COMPENSATION BY THE INTERNATIONAL CRIMINAL COURT'S VICTIMS TRUST FUND: LESSONS FROM DOMESTIC COMPENSATION SCHEMES

2010

Brooklyn Journal of International Law

36 Brooklyn J. Int'l L. 123

Author

Frederic Megret, PhD *

Excerpt

INTRODUCTION

The International Criminal Court (ICC) has been hailed as the first international criminal tribunal to give serious consideration to the role of victims. 1 In particular, the Rome Statute proposes to set up a complex victim compensation system, involving the Court itself but also a more intriguing body, the Trust Fund for Victims ("TFV"). 2 What should such a system be doing exactly, who will pay for it and, most importantly, what should be its rationale?

The Rome Statute stands for an unprecedented attention to this dimension of criminal justice, after much neglect internationally. The Court can, for the first time in the history of international criminal justice, order money and other property collected through fines or forfeiture to be paid to victims. 3 This part of what the ICC can do, although novel by the standards of international criminal law, is perhaps the most familiar to both criminal and international lawyers. For international lawyers, issues of reparation evoke elements of thinking that have long been a hallmark of state responsibility. For criminal lawyers, the idea of the individual being ordered to pay reparations is evocative of an evolution towards restorative justice that has also become quite significant in many jurisdictions around the world. 4

But the Rome Statute presents a system of victim compensation that goes far beyond simply allowing the Court to order reparation awards against those convicted. One might describe this complexity as a double hybrid. The system is hybrid, ...
 
 
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