The Case for Collective Reparations before the ICC

Jo-Anne Wemmers (ed.), Reparation for Victims of Crimes Against Humanity, Routledge, 2014

18 Pages Posted: 6 Jan 2013 Last revised: 25 Mar 2017

See all articles by Frederic Megret

Frederic Megret

McGill University - Faculty of Law

Date Written: November 15, 2012

Abstract

This paper was presented at a workshop on reparations before the ICC organized by the Université de Montréal. It discusses the challenge of awarding individual or collective reparations. It finds a certain bias so far in practices and commentary in favor of individual awards, which it argues reflects an individual bias in international criminal justice more generally. It makes the case that collective reparations will in many cases be superior not only on pragmatic grounds but also because they make most sense from the point of view of transitional justice. Most importantly, collective reparations are the most faithful to a construction of most international crimes as crimes that target groups (e.g.: the Genocide Convention groups) or categories (e.g.: civilians) rather than individuals as such.

Suggested Citation

Mégret, Frédéric, The Case for Collective Reparations before the ICC (November 15, 2012). Jo-Anne Wemmers (ed.), Reparation for Victims of Crimes Against Humanity, Routledge, 2014. Available at SSRN: https://ssrn.com/abstract=2196911 or http://dx.doi.org/10.2139/ssrn.2196911

Frédéric Mégret (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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