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Part 6 The Trial: Le Procès, Art.75 Reparations to victims/Réparation en faveur des victimes

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 20 January 2021

Subject(s):
Elements of crimes — Pre-Trial Chamber — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 75 of the Rome Statute of the International Criminal Court. Article 75 gives the Court authority to grant reparations or any other form of compensation or satisfaction to victims of the crimes. An order for reparations must, ‘at a minimum’, have five essential elements: 1) it must be directed against the convicted person; 2) it must establish and inform the convicted person of his or her liability with respect to the reparations awarded in the order; 3) it must specify, and provide reasons for, the type of reparations ordered; 4) it must define the harm caused to direct and indirect victims as a result of the crimes for which the person was convicted, as well as identify the modalities of reparations that the Trial Chamber considers appropriate based on the circumstances of the specific case before it; and 5) it must identify the victims eligible to benefit from the awards for reparations or set out the criteria of eligibility based on the link between the harm suffered by the victims and the crimes for which the person was convicted.

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