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L - Reparations

Published online by Cambridge University Press:  19 October 2018

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Summary

Reparations are a key component of administering justice at the International Criminal Court. So far, the Court has issued one trial and one appeal reparation judgment concerning the Lubanga case. The Lubanga Appeals Judgment propounded critical elements underlying reparation orders. Given the limited number of reparation judgments thus far, additional issues are likely to require resolution in future litigation. This chapter examines that pursuant to article 75(1) of the Rome Statute, the Court is required to establish principles relating to the modalities of reparations such as restitution, compensation and rehabilitation, with the Appeals Chamber supporting a holistic application of reparation modalities. This chapter then goes into the mandatory elements of a reparation order as outlined by the Appeals Chamber jurisprudence which include, inter alia, the standard of causation, and burden and standard of proof for showing harm.
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The Appeals Chamber of the International Criminal Court
Commentary and Digest of Jurisprudence
, pp. 374 - 398
Publisher: Cambridge University Press
Print publication year: 2018

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