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A model of victims’ reparations in the International Criminal Court.

Miller, Bryan Barnet
June 4, 2015

Source: (2012) University of La Verne Law Review.33(2):255-283.

The goal of this paper is to provide the International Criminal
Court with a workable model so that reparations may be made to
victims under Article 75, which comports with defendants’ due process
rights. A three phase model is suggested so that the victims and the
defendant have full opportunities for restorative justice: A guiltinnocence
phase, a sentencing phase, and a reparations phase. The main
advantage of the reparations phase of the model is that it allows for
judicial efficiency within the framework of a criminal court while
allowing full victim participation. The phased model is a good fit for
the statutory framework of the ICC and can be applied by the Court
across Chambers, avoiding fragmentation as to reparations within the
Court. The reparation proceedings are based on statistical sampling and
aggregate damages or in the alternative bellwether trials based on dual
capacity witnesses. (authors’ abstract)


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