INTRODUCTORY NOTE TO THE INTERNATIONAL CRIMINAL COURT: SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO, PROSECUTOR V. THOMAS LUBANGA DYILO, DECISION ESTABLISHING THE PRINCIPLES AND PROCEDURES TO BE APPLIED TO REPARATIONS

摘要

During the drafting of the Rome Statute of the International Criminal Court ("ICC"), several states and nongovernmental organizations pressed for the inclusion of articles on reparations for victims of those convicted of crimes within the ICC's jurisdiction. The proposal found merit; the Statute allows victims to seek an award of reparations from the Court, but the text omits any detail about the modalities or scope of such awards. Instead, Article 75(1) of the Statute provides that "[t]he Court shall establish principles relating to reparation to, or in respect of, victims, including restitution, compensation and rehabilitation." The Trial Chamber in the Prosecutor v. Thomas Lubanga Dyilo has taken up this mandate in response to applications filed with the Registry by alleged victims of the defendant. In a landmark decision, the ICC Trial Chamber I has set forth for the principles and procedures it will apply to this matter, acknowledging that the reparations scheme is not only a unique feature in the Statute, but also is a key feature. The Chamber unambiguously claims, however, that the principles it enunciates relating to reparations and their implementation are limited to the circumstances of the case before it.