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Reparative Effect for Victims?
Published online by Cambridge University Press: 06 July 2023
Chapter 6 assesses the reparative effects of the Court on victims, with an emphasis on countries under investigation (Uganda and Kenya). Indicators of reparative effects include: whether victims are able to participate meaningfully in ICC proceedings; and whether victims receive reparations or assistance, either through Court proceedings or through the Trust Fund for Victims. The chapter concludes that the reparative effect of the Court on victims in situation countries is minimal. Victim participation is under strain and should be reexamined. By definition, the legal proceedings become more exclusionary as they progress. The Trust Fund for Victims lacks sufficient resources to provide for proportional individual reparations, and will inevitably disappoint victims, in spite of its innovative, humanitarian approach on the ground. In any case, victims need more concrete solutions to improve their daily lives instead of waiting years or decades for Court decisions (which have included many acquittals).
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