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Reparations, Assistance and Support

  • Carla FerstmanEmail author
Chapter
  • 464 Downloads
Part of the International Criminal Justice Series book series (ICJS, volume 11)

Abstract

Reparations, assistance and support are relatively new features in international criminal law, and the practice remains in a state of flux. Victims’ lawyers can play an important role in shaping and further developing the evolving practice for the ultimate benefit of victims. This chapter focuses on the mandates, rules and procedures, and practice of international criminal courts, in relation to reparations, assistance and support. These aspects are analysed from the perspective of victims’ active engagement with these mandates. At the Extraordinary Chambers in the Courts of Cambodia (ECCC), only those victims that are admitted to participate in the proceedings as civil parties are entitled to apply for and obtain reparations. In contrast, at the International Criminal Court (ICC), victims’ participation and reparations requests are treated distinctly; a victim may apply for and/or obtain reparations without having participated in the proceedings. The Special Tribunal for Lebanon (STL) does not afford reparations to victims. The chapter is split in two parts: (i) reparations and (ii) assistance and support. Each part begins by providing an overview, comparing and contrasting the statutory frameworks, rules and procedures of the various courts. An analysis is then provided of how victims and their lawyers may access their entitlements to reparations and assistance and support, the challenges that have arisen in the practice, as well as the various steps that victims’ lawyers may take to enhance access, bearing in mind the jurisprudence and other relevant factors.

Keywords

Reparations Assistance and support Provisional measures Assets Harm Eligibility Criminal liability Restitution Compensation Rehabilitation 

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Copyright information

© T.M.C. Asser Press and the authors 2017

Authors and Affiliations

  1. 1.LondonUK

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