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Justifying compensation by the International Criminal Court’s Victim Trust Fund: Lessons from domestic compensation schemes.

Megret, Frederic
June 4, 2015

Source: (2010) Brooklyn Journal of International Law. 36(1):124-204.

This Article seeks to characterize the operation of the Trust Fund for Victims in relation to victims when it comes to these autonomous resources emanating from
the “international community.” Are they a form of charity? Or, do they
represent an entitlement on the part of victims? On what grounds should
victims be compensated internationally in addition to what the convicted
may be able to pay? These issues are typically not treated in the literature
on the ICC even though they raise very profound questions about the
nature of international criminal justice. Studies of the Fund thus far seem
driven by attention to details and a rush to answer concrete questions
about operations (e.g., who should it compensate and by how much) rather
than paying attention to the development of a solid theory of the
TFV’s compensation regime.’ 0 This arguably creates a risk of confusion,
a confusion that may ultimately be paid by the frustration of victims, and
various assorted problems for international criminal justice. (excerpt)


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