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The Law and Practice of the International Criminal Court edited by Stahn, Carsten (1st May 2015)

Part V Fairness and Expeditiousness of ICC Proceedings, 46 The Rome Statute’s Regime of Victim Redress: Challenges and Prospects

Conor McCarthy

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 25 May 2020

Subject(s):
International criminal law, victims

This Chapter examines the ICC framework of victim redress. It explores the character of the Statute’s reparations regime, asking how the regime is properly characterized in legal terms. It identifies a number of key issues which arise in respect of the relationship between the Statute’s regime of victim redress as a whole and national legal systems, in particular, the question of complementarity and victim redress. It argues that reparations are not simply a specific form of humanitarian relief or charitable assistance. It claims that the ICC needs to strike a proper balance between the principled need for fairness and consistency in the treatment of victims, and the need for efficiency and expeditious delivery of redress. Proper procedures, including verification and monitoring arrangements, are necessary to ensure that the overall role of reparations arrangements is respected.

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