Reparations and victim support in the International Criminal Court /
Saved in:
| Author / Creator: | McCarthy, Conor. |
|---|---|
| Imprint: | Cambridge ; New York : Cambridge University Press, ©2012. |
| Description: | 1 online resource (xliv, 384 pages) |
| Language: | English |
| Series: | Cambridge studies in international and comparative law ; 88 Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 88. |
| Subject: | |
| Format: | E-Resource Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11830083 |
Table of Contents:
- 1. Introduction. A. Introduction
- B. The book in outline.
- 2. The wider legal framework of victim redress. A. Introduction
- B. The invocation of responsibility
- C. The law relating to the treatment of aliens
- D. International human rights law
- E. International humanitarian law. 1 International armed conflicts; 2 non-international armed conflicts
- F. National law and procedures
- G. Conclusion.
- 3. Victim redress and international criminal justice: an overview. A. Introduction
- B. Individual punishment and the traditional conception of international criminal justice. 1. The position of victims within the classical framework of international law; 2. Victims and the genesis of international criminal law; 3. The conventional position of victims in international criminal law
- C. The development of the Rome Statute's scheme of victim redress
- D.A principled role for victim redress as part of the system of international criminal justice? 1. The conceptual role of victim redress in international criminal law as a form of criminal justice; 2. Victim redress and the prosecution and punishment of individuals: competing or compatible paradigms?
- E. Between ideals and reality: the potential disjuncture between the theory and practice of victim redress
- F. Conclusion.
- 4. The concepts of reparations and victim support under the Rome Statute. A. Introduction
- B. The concept of reparations under the Rome Statute
- C. The concept of victim support under the Rome Statute. 1. The distinction between 'reparations' awarded under Article 75 and victim support provided pursuant to Rule 98(5); 2. The key features of the concept of victim support under the Statute
- D. Conclusion.
- 5. The concept of harm under the Rome Statute. A. Introduction
- B. Prefatory clarification
- C. An Autonomous Concept of harm under the Rome Statute
- D. The forms of recoverable harm under the Rome Statute. 1. Pecuniary loss; 2. Non-pecuniary loss; 3. Communal harm
- E. Conclusion.
- 6. Reparations principles. A. Introduction
- B. The scope and parameters of the Court's power to establish reparations principles
- C. The task of the Court in establishing reparations principles
- D. Determining the scope and extent of damage, loss and injury to victims. 1. Causation; 2. Determining the extent of a perpetrator's liability where a state is concurrently responsible; 3. Reparations awards where a perpetrator lacks the resources necessary to redress the harm he or she is found to have caused
- E. Modalities of reparations under the Rome Statute. 1. Restitution; 2. Compensation; 3. Satisfaction
- F. Conclusion.
- 7. Proceedings and Court orders relevant to reparations. A. Introduction
- B. The relationship between reparations and trial proceedings before the ICC
- C. Proceedings relating to reparations. 1. The role of reparations hearings; 2. The procedure for conducting reparations hearings
- D. Punitive orders. 1. Fines under Article 77(2)(a); 2. Forfeiture of proceeds, property and assets pursuant to Article 77(2)(b)
- E. Reparations orders. 1. Restitution; 2. Compensation; 3. Rehabilitation; 4. Other forms of order
- F. Powers of the Court in cases of contumacy
- G. Protective measures
- H. The burden and standard of proof in reparations and sentencing proceedings. 1. Burden of proof; 2. Standard of proof
- I. Conclusion.
- 8. The provision of reparations and victim support through the Trust Fund. A. Introduction
- B. The organisation and management of the Trust Fund. 1. Relationship with the Assembly of States Parties; 2. The Board of Directors; 3. The Secretariat; 4. The resources of the Trust Fund
- C. The prioritisation of resources by the Trust Fund. 1. Prioritisation of resources by the Trust Fund in respect of Court-ordered reparations; 2. Prioritisation of resources by the Trust Fund in respect of support to victims pursuant to Rule 98(5); 3. Criteria according to which resources for redress may be prioritised
- D. Court-ordered reparations provided 'through' the Trust Fund. 1. The extent of the Court's role in directing and supervising the activities of the Trust Fund; 2. Rule 98(2): The provision of reparations awards to individuals through the Trust Fund; 3. Rule 98(3): The provision of collective reparations awards through the Trust Fund; 4. The determination of claims for reparations by the Trust Fund; 5. Rule 98(4): The implementation of reparations awards by an intergovernmental, international or national organisation
- E. Victim support provided by the Trust Fund pursuant to Rule 98(5). 1. The power of the Trust Fund to use 'other resources' for the benefit of victims; 2. The activities of the Trust Fund undertaken pursuant to Rule 98(5)
- F. Conclusion.
- 9. Victim redress and the Rome Statute's cooperation and enforcement regimes: possibilities and limitations. A. Introduction
- B. The scope of the cooperation regime. 1. The general powers of the Court and the office of the Prosecutor; 2. Reparations proceedings; 3. The work of the Trust Fund in providing victim support
- C. States Parties and the cooperation regime. 1. The scope of the general obligation to cooperate; 2. Particularised forms of assistance the Court may request; 3. Other forms of assistance the Court may request of States Parties
- D Cooperation and third states. 1. Cooperation pursuant to the Statute; 2. Cooperation pursuant to a Security Council resolution
- E. Intergovernmental organisations. 1. The United nations; 2. Other organisations
- F. Cooperation in respect of individuals, armed groups and other non-state entities
- G. The enforcement of fines, punitive forfeiture and reparations orders
- H. Conclusion.
- 10. Conclusions. A. Introduction
- B. The role of victim redress as part of a system of international criminal justice
- C. The distinct role that the Rome Statute's regime for victim redress can play alongside other international regimes
- D. The potential role of the Rome Statute's regime of victim redress alongside national systems and processes
- E. opportunities provided by the Rome Statute as an institutional framework within which to deal with questions of victim redress
- F. Between ideals and reality: challenges confronting the Rome Statute's regime of victim redress. 1. The limited resources available for victim redress; 2. The selectivity of prosecutions under the Rome Statute; 3. The risk of a fragmented and inappropriately individualised response to the harm suffered by victims; 4. Difficulties associated with matters of victim redress being dealt with by an institution at the international level
- G. Conclusion.