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Historical And Legal Context Of Reparations For Victims Of Crimes Under International Law (Overview)

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Chapter Summary

This chapter provides an overview of the historical and legal context of the ICC reparation system. The incorporation of the Court's mandate to order the offender to make reparations to victims is in line with a growing trend in the national and international law context. The focus of this trend is the right of victims of crimes, including crimes under international law, gross violations of international human rights law and grave violations of international humanitarian law, to reparations. According to the traditional law of state responsibility, a state can seek redress for damage inflicted upon one of its nationals from the injuring state. ICC marks the departure from the traditional inter-state approaches to the right granted to individuals to claim reparations for crimes under international law, towards a more comprehensive scheme in which individuals and collectives of victims have a right to apply for reparations directly from the individual perpetrator.

Keywords: ICC reparation system; individual perpetrator of international crime; international human rights law; state responsibility; victims of crime



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