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Reparations and Victim Support in the International Criminal Court

$32.00 USD

Part of Cambridge Studies in International and Comparative Law

  • Date Published: May 2012
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781139368940

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  • Alongside existing regimes for victim redress at the national and international levels, in the coming years international criminal law and, in particular, the International Criminal Court, will potentially provide a significant legal framework through which the harm caused by egregious conduct can be addressed. Drawing on a wealth of comparative experience, Conor McCarthy's study of the Rome Statute's regime of victim redress provides a comprehensive exploration of this framework, examining both its reparations regime and its scheme for the provision of victim support through the ICC Trust Fund. The study explores, in particular, whether the creation of a regime of victim redress has a role to play as part of a system for the administration of international criminal justice and, more generally, whether it has such a role alongside other regimes, at the national and international levels, by which the harm suffered by victims of egregious conduct may be redressed.

    • Considers whether and how a regime of victim redress predicated on individual criminal responsibility has a role to play alongside the patchwork of other regimes, processes and arrangements, at the national and international level, by which victims of egregious conduct may obtain redress
    • Analyses the relationship between the Rome Statute's reparations regime and victim support provided by the ICC Trust Fund for Victims
    • Draws on a wide range of jurisprudence and practice in the area of reparation, at both the national and international levels, in order to identify and explore the problems and challenges facing the Rome Statute's regime of victim redress
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    Reviews & endorsements

    '… a thorough and accurate guide on the Rome Statute's redress scheme which will be valuable to both scholars and practitioners alike. The contextual reading of this redress regime, coupled with a deep knowledge of the international legal framework on the right to remedy and reparation, renders this study an original contribution to a developing topic.' Valentina Spiga, Journal of International Criminal Justice

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    Product details

    • Date Published: May 2012
    • format: Adobe eBook Reader
    • isbn: 9781139368940
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. Introduction
    2. The wider legal framework of victim redress
    3. Victim redress and international criminal justice: an overview
    4. The concepts of reparations and victim support under the Rome Statute
    5. The concept of harm under the Rome Statute
    6. Reparations principles
    7. Proceedings and court orders relevant to reparations
    8. The provision of reparations and victim support through the Trust Fund
    9. Victim redress and the Rome Statute's cooperation and enforcement regimes: possibilities and limitations
    10. Conclusions.

  • Author

    Conor McCarthy, University of Cambridge
    Conor McCarthy is a visiting fellow at the British Institute of International and Comparative Law. He is called to the bar of England and Wales and has previously worked at a number of international courts and tribunals including the International Criminal Court and the European Court of Human Rights.

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