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A Balancing Act: The Introduction of Restorative Justice in the International Criminal Court’s Case of The Prosecutor v. Thomas Lubanga Dyilo.

Will, Mary
June 4, 2015

Source: (2007) Florida State University Journal of Transnational Law & Policy. 17(1):85-120.

This Note will analyze the role of the victims in the Confirma-tion of charges Hearing in the case of The Prosecutor v. Thomas Lubanga Dyilo and examine whether their participation served to fulfill the restorative justice aim of healing the victims by giving voice to their suffering. Their role as a third party to the proceed-ings will be explored in terms of the rights and restrictions placed upon the victims by the Rome Statute and the ICC Rules of Evi-dence. This Note will argue that the extent to which the Pre-Trial Chamber allowed victims to participate in this hearing illustrated the ICC’s recognition of restorative justice through public expres-sion and acknowledgment of the victims’ suffering. In addition, it will show how the ICC has attempted to create a balance between restorative justice aims and purely retributive proceedings which focus solely on the individual wrongs of the offender. This Note will explore the incorporation of group reparation payments into the ICC as well as the Court’s efforts to maintain the procedural rights of the defendant. (excerpt)


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