The American Society of International Law - ASIL-
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Trial Chamber I of the International Criminal Court ("ICC") has issued pursuant to Article 75(1) of the Rome Statute, which authorizes the Court to "establish principles relating to reparation to, or in respect of, victims, including restitution, compensation and rehabilitation," its first decision on the principles to be applied to reparations for victims in the case against Thomas Lubanga Dyilo. Lubanga was found guilty in March 2012 of the war crimes of enlisting and conscripting children under the age of fifteen years and using them to participate actively in hostilities; he was sentenced to fourteen years imprisonment.
The Chamber first recognized that the Rome Statute and the Rules of the Court provide a system of reparations that "reflects a growing recognition in international criminal law that there is a need to go beyond the notion of punitive justice, towards a solution which is more inclusive, encourages participation and recognises the need to provide effective remedies for victims." To this end, the Chamber concluded that reparations in the present case should "relieve the suffering caused by these offences; afford justice to the victims by alleviating the consequences of the wrongful acts; deter future violations; and contribute to the effective reintegration of former child soldiers." Furthermore, reparations should be applied in a flexible manner that will ensure "the widest possible remedies for the violations of the rights of the victims and the means of implementation."
Relying on Rule 85 of the Rules, the Chamber held that reparations may be granted to direct and indirect victims, including "the family members of direct victims; anyone who attempted to prevent the commission of one or more of the crimes under consideration; and those who suffered personal harm as a result of these offences, regardless of whether they participated in the trial proceedings." Finally, reparations may be awarded to both individual victims and groups of victims, if they suffered personal harm.
The Chamber held that reparations should be dealt with and administered principally by the Trust Fund for Victims, which will be monitored and overseen by the Chamber.
Since Lubanga was declared indigent, the Court left open the possibility that he volunteer an apology to the victims, on a public or confidential basis.
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