This chapter discusses available remedies in the International Criminal Court for victims of crimes. The chapter begins by quoting Article 75.1 of the Rome Statute and discussing various international treaties that guarantee a remedy. Next, the chapter discusses the reasons for providing remedies, and notes that money provides an equal value to the victim, while restitution or rectification replaces exactly what the victim lost. The chapter notes that compensation is the most frequently provided remedy. Although I argue that accuracy of compensation calculations is imperative, the better solution is to use rectification or restitution instead of compensation. The chapter then describes who may permissibly request remedies and discusses possible methods for determining remedies when there are many claimants. Finally, this chapter concludes by suggesting a standard of proof for remedy determination and pointing out that it is imperative for all victims to receive reparation.
GW Paper Series
GWU Legal Studies Research Paper No. 2013-36; GWU Law School Public Law Research Paper No. 2013-36
Dinah Shelton, Reparations for Victims of International Crimes, in INTERNATIONAL CRIMES, PEACE, AND HUMAN RIGHTS: THE ROLE OF THE INTERNATIONAL CRIMINAL COURT 137–47 (Dinah Shelton ed., 2000).