Monday, November 13, 2017

Rome Statute of the ICC - Article 75: Reparations to victims


Article 75: Reparations to victims
The Court shall establish principles relating to reparations, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in this decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for by article 79.
Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
In exercising its power under this article, the Court may, after the person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
A State Party shall give effect to a decision under this article as if the provisions of article as if the provisions of article 109 were applicable to this article.
Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

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