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Summary And Conclusion

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Chapter Summary

This study has undertaken an analysis of the ICC reparation system. While the ICC's legal instruments are fragmentary, particularly regarding the substantive issues of reparations, this study has shown that principles for the implementation of ICC reparations mechanism result from the peculiarities of international criminal justice. In international criminal justice, an individual is held responsible for a crime whose nature and consequences are collective. International law regularly attributes liability to repair the harm resulting from gross and systematic crimes of a collective nature to an identified state or other collective entity, rather than to an individual. Consequently, this study has consistently confirmed the assumption that neither national nor international systems provide principles that are directly and comprehensively applicable to the ICC reparation system. An effective ICC reparations mechanism, complemented by the Trust Fund, could serve as a role model for national jurisdictions to give effect to victims' right to reparations.

Keywords: ICC Reparation System; international criminal justice; International law; national jurisdictions



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