Reparations

Reparations

The Trial Chamber (TC) may also issue reparations for Victims for the harm suffered. Reparations can be awarded to individuals and/or collective entities.  Reparations can take multiple forms, including rehabilitation, compensation, and restitution. The TC can order either the convicted person and/or the ICC Trust Fund for Victims (TFV) to pay monetary compensation.

Similar to sentences, the Office of the Prosecutor, convicted person, or Victims can appeal reparations, and the Appeals Chamber can uphold, reverse, or amend the reparations.

To date, only a single case has reached judgment on reparations. Thomas Lubanga Dylio was found guilty of the war crimes of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in 2012, the first ICC conviction. On 3 March 2015, the Appeals Chamber instructed the Trust Fund for Victims to draft a plan for the issuance of collective reparations for the involved victims. While the Appeals Chamber requested amendments to the plan, which the TFV consequently appealed in February 2016, resulting in a delay in the provision of the reparations, the Lubanga case provides precedential value for the provision of reparations for victims in future cases, including the upcoming determinations on reparations in the Katanga case.