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Reparations Under International Criminal Law

O'Shea, Andreas
June 4, 2015

Source: (2007) In Max du Plessis and Stephen Pete, ed., Repairing the Past? International Perspectives on Reparations for Gross Human Rights Abuses. Oxford, UK: Intersentia. Pp. 179-196.

“So, how and in what manner can reparations become the concern of an international criminal court? This relatively new aspect of international criminal law has not yet received a great deal of academic attention. Further, the discussion on this subject to date has focused on the position of victims in the limited sense of those who have suffered the consequences of crimes alleged against the accused. However, perhaps the least controversial aspect of reparations in an international criminal court is that of reparation to an accused who is unlawfully arrested or detained, had a conviction reversed having served part of his sentence, or who is ultimately found to be innocent following a fair trial. Such a person may also in one sense be viewed as a victim of the conflict.” (abstract)


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