Victims’ Reparations Claims and International Criminal Courts: Incompatible Values?
Posted: 22 Mar 2010
Date Written: March 2010
This article examines the emerging practice on victims' claims for reparation in the context of international criminal proceedings. International criminal courts have followed the model of domestic jurisdictions allowing criminal courts to order compensation by the convicted person to the victim. Yet, remedies for victims in domestic criminal courts function far from optimally. Domestic courts face various problems, relating to technical questions of civil law concerning applicable law, evidence and statute of limitation. These civil law problems often prevent domestic criminal courts from ordering compensation, referring victims to civil courts instead to obtain reparation. The question arises how international criminal courts handle the obstacles inherent in civil law claims that are examined during criminal proceedings.
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