Work

From Phnom Penh to Dakar to Bangui

Year: 2025

Type: article

Abstract: The Rome Statute of the International Criminal Court introduced, for the first time in the context of the prosecution of crimes at the international level, the right of victims to receive reparations for the prejudice they suffered. In contrast, awarding civil damages to victims of crimes as part of criminal proceedings is a well-known feature in many domestic jurisdictions, notably those following the Romano-Germanic tradition. It therefore does not come as a surprise that the Special Criminal Court, a hybrid jurisdiction established to address international crimes in the Central African Republic, has the power to award reparations to victims. Nevertheless, because of the legal and practical challenges posed by trying to repair the damage caused by international crimes, the court has moved away from the paradigm of domestic law, adopting approaches based on international law. The focus is on ensuring both effective and efficient reparations, which may require making difficult choices and accepting that not all harm caused by the crimes can be repaired through court-ordered reparations.

Source: Journal of International Criminal Justice

DOI: 10.1093/jicj/mqaf006

Authors: Olivier Beauvallet, Volker Nerlich

Institutions: Humboldt-Universität zu Berlin, International Criminal Court

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $4,045