BARRIERS TO REPARATIONS UNDER ARTICLE 75 OF THE ROME STATUTE

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Tekirdağ Namık Kemal Üniversitesi Hukuk Fakültesi Dergisi
Cilt: 6 Sayı: 1
BARRIERS TO REPARATIONS UNDER ARTICLE 75 OF THE ROME STATUTE

BARRIERS TO REPARATIONS UNDER ARTICLE 75 OF THE ROME STATUTE

Authors : Uche Nnawulezi, Obinna Okereke, Jacques Kabano

Pages : 69-88

Doi:10.51562/nkuhukuk.2025614

View : 43 | Download : 45

Publication Date : 2025-07-30

Article Type : Research Paper

Abstract :The regulatory regime for reparations provided in the Rome Statute of the ICC reveals novel characteristics of the Court as both a punitive and philanthropic institution. Including victims\\\' rights regarding gross global crimes as part of the reparative process for redressing injuries suffered does not diminish its power to punish offenders. The paper highlights that the ICC\\\'s reparations mandate establishes a new and evolving institutional framework, providing voice and support to victims of atrocious crimes. It argues that the redress process offers victims the opportunity to receive palliative measures beyond the convictions and sentences of perpetrators. The \\\"Reparations Package,\\\" \\\"Trust Fund for Victims,\\\" \\\"Parts of Crime,\\\" along with the \\\"Procedural Guidelines and Proofs,\\\" constitute progressive tools in International Criminal Law (ICL). The paper examines the regulatory regime governing reparations as outlined in Article 75 of the Rome Statute of the ICC. It critically analyzes some of the obstacles to reparations through doctrinal research methods, investigating conceptual and legal discrepancies that make the application of reparations slow, confusing, and challenging. Recommendations are made regarding the definition of reparations, the court\\\'s indefinite powers in establishing reparations principles, inconsistencies in causation assessment, and the ambiguous mandate of the Trust Fund for Victims, among others. The paper concludes that the conflicting issues contained in Article 75 of the Rome Statute will be alleviated if the recommendations proposed in the paper are strictly implemented.
Keywords : Tazminatlar, Engelleme, Madde 75, Roma Statüsü, UCM

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