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Reparation Principles And Determination Of The Scope And Extent Of Any Damage, Loss And Injury To, Or In Respect Of, Victims (Art. 75 (1) ICC Statute)

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Chapter Summary

In the first Chapter of the main part of this study, the first provision of the reparation system mentioned in the ICC Statute will be examined. Art. 75 (1) contains two different competences: it establishes that the Court is legally required to establish principles relating to reparations and that it is within the discretion of the Court to determine the scope and extent of victims' damage, loss or injury. The establishment of principles is the primary entitlement of the Court regarding reparations, as any other decision of the Court concerning reparations is discretionary. The scope and content of the reparation principles is also left open by the Statute, providing the Court with almost unrestricted discretion. The term "principles" is broad and grants flexibility. The Court is also required to adhere to the principle of complementarity when establishing reparation principles.

Keywords: discretionary; ICC Statute; primary entitlement



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