Reparation for victims

For the first time, an international criminal court has the power to order a criminal perpetrator to pay reparation to a victim who has suffered as a result of the perpetrator’s criminal actions.

Pursuant to article 75, the Court may lay down the principles for reparation for victims, which may include restitution, indemnification and rehabilitation. On this point, the Rome Statute of the International Criminal Court has benefited from all the work carried out with regard to victims, in particular within the United Nations.

The Court may also enter an order against a convicted person stating the appropriate reparation for the victims or their beneficiaries. This reparation may also take the form of restitution, indemnification or rehabilitation. The Court may order reparations to be paid through the Trust Fund for Victims, which was set up by the Assembly of States Parties in September 2002.

Victims may apply for reparations at any time. However they are not required to do so and the Judges are empowered to order reparations to victims whether they have applied or not. Victims who wish to apply for reparations may do so by filing a written application with the Registry, which must contain the information laid down in Rule 94 of the Rules of Procedure and Evidence. The Victims Participation and Reparation Section has prepared standard forms to make this easier for victims. When submitting an application using the standard form it is possible for victims to request participation, or reparations, or both.

The Victims Participation and Reparation Section is responsible for giving all appropriate publicity to these reparation proceedings in order to enable victims to make their applications. These proceedings take place after the person prosecuted has been declared guilty of the crimes charged before the Court.

The Court has the option of granting individual or collective reparation, concerning a whole group of victims or a community, or both. If the Court decides to order collective reparation, it may order that reparation to be made through the Trust Fund for Victims and the reparation may then also be paid to an inter-governmental, international or national organisation.