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The ICC Reparation Order (Art. 75 (2) ICC Statute)

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Chapter Summary

The reparation order is the key function of the international criminal court (ICC) reparation system. Under Art. 75 (2), the Court has the power to order the convicted person to make reparations to, and in respect of, victims. In this chapter, the ICC's legal instruments are analyzed and the attempt is made to clarify unresolved issues with reference to relevant international and national legal documents and practice. The chapter examines under which conditions the Court can make a reparation order, i.e. what are the requirements in order for a convicted person to be liable to make reparations. The issue of liability to make reparations is connected to the question of eligibility to receive reparations. The chapter concludes that in principle, factors within the personal sphere of the convicted person shall not have an impact on the scope of monetary reparations ordered by the ICC.

Keywords: convicted person; international criminal court (ICC) reparation system; international legal documents; national legal documents

10.1163/ej.9789004178106.i-359.22
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