| Description |
1 online resource (xliv, 384 pages). |
| Physical Medium |
polychrome |
| Description |
text file |
| Series |
Cambridge studies in international and comparative law ; 88
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Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 88.
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| Bibliography |
Includes bibliographical references (pages xxi-xl, 361-372) and index. |
| Contents |
1. Introduction. A. Introduction -- B. The book in outline. |
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2. The wider legal framework of victim redress. A. Introduction -- B. The invocation of responsibility -- C. The law relating to the treatment of aliens -- D. International human rights law -- E. International humanitarian law. 1 International armed conflicts; 2 non-international armed conflicts -- F. National law and procedures -- G. Conclusion. |
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3. Victim redress and international criminal justice: an overview. A. Introduction -- B. Individual punishment and the traditional conception of international criminal justice. 1. The position of victims within the classical framework of international law; 2. Victims and the genesis of international criminal law; 3. The conventional position of victims in international criminal law -- C. The development of the Rome Statute's scheme of victim redress -- D.A principled role for victim redress as part of the system of international criminal justice? 1. The conceptual role of victim redress in international criminal law as a form of criminal justice; 2. Victim redress and the prosecution and punishment of individuals: competing or compatible paradigms? -- E. Between ideals and reality: the potential disjuncture between the theory and practice of victim redress -- F. Conclusion. |
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4. The concepts of reparations and victim support under the Rome Statute. A. Introduction -- B. The concept of reparations under the Rome Statute -- C. The concept of victim support under the Rome Statute. 1. The distinction between 'reparations' awarded under Article 75 and victim support provided pursuant to Rule 98(5); 2. The key features of the concept of victim support under the Statute -- D. Conclusion. |
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5. The concept of harm under the Rome Statute. A. Introduction -- B. Prefatory clarification -- C. An Autonomous Concept of harm under the Rome Statute -- D. The forms of recoverable harm under the Rome Statute. 1. Pecuniary loss; 2. Non-pecuniary loss; 3. Communal harm -- E. Conclusion. |
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6. Reparations principles. A. Introduction -- B. The scope and parameters of the Court's power to establish reparations principles -- C. The task of the Court in establishing reparations principles -- D. Determining the scope and extent of damage, loss and injury to victims. 1. Causation; 2. Determining the extent of a perpetrator's liability where a state is concurrently responsible; 3. Reparations awards where a perpetrator lacks the resources necessary to redress the harm he or she is found to have caused -- E. Modalities of reparations under the Rome Statute. 1. Restitution; 2. Compensation; 3. Satisfaction -- F. Conclusion. |
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7. Proceedings and Court orders relevant to reparations. A. Introduction -- B. The relationship between reparations and trial proceedings before the ICC -- C. Proceedings relating to reparations. 1. The role of reparations hearings; 2. The procedure for conducting reparations hearings -- D. Punitive orders. 1. Fines under Article 77(2)(a); 2. Forfeiture of proceeds, property and assets pursuant to Article 77(2)(b) -- E. Reparations orders. 1. Restitution; 2. Compensation; 3. Rehabilitation; 4. Other forms of order -- F. Powers of the Court in cases of contumacy -- G. Protective measures -- H. The burden and standard of proof in reparations and sentencing proceedings. 1. Burden of proof; 2. Standard of proof -- I. Conclusion. |
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8. The provision of reparations and victim support through the Trust Fund. A. Introduction -- B. The organisation and management of the Trust Fund. 1. Relationship with the Assembly of States Parties; 2. The Board of Directors; 3. The Secretariat; 4. The resources of the Trust Fund -- C. The prioritisation of resources by the Trust Fund. 1. Prioritisation of resources by the Trust Fund in respect of Court-ordered reparations; 2. Prioritisation of resources by the Trust Fund in respect of support to victims pursuant to Rule 98(5); 3. Criteria according to which resources for redress may be prioritised -- D. Court-ordered reparations provided 'through' the Trust Fund. 1. The extent of the Court's role in directing and supervising the activities of the Trust Fund; 2. Rule 98(2): The provision of reparations awards to individuals through the Trust Fund; 3. Rule 98(3): The provision of collective reparations awards through the Trust Fund; 4. The determination of claims for reparations by the Trust Fund; 5. Rule 98(4): The implementation of reparations awards by an intergovernmental, international or national organisation -- E. Victim support provided by the Trust Fund pursuant to Rule 98(5). 1. The power of the Trust Fund to use 'other resources' for the benefit of victims; 2. The activities of the Trust Fund undertaken pursuant to Rule 98(5) -- F. Conclusion. |
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9. Victim redress and the Rome Statute's cooperation and enforcement regimes: possibilities and limitations. A. Introduction -- B. The scope of the cooperation regime. 1. The general powers of the Court and the office of the Prosecutor; 2. Reparations proceedings; 3. The work of the Trust Fund in providing victim support -- C. States Parties and the cooperation regime. 1. The scope of the general obligation to cooperate; 2. Particularised forms of assistance the Court may request; 3. Other forms of assistance the Court may request of States Parties -- D Cooperation and third states. 1. Cooperation pursuant to the Statute; 2. Cooperation pursuant to a Security Council resolution -- E. Intergovernmental organisations. 1. The United nations; 2. Other organisations -- F. Cooperation in respect of individuals, armed groups and other non-state entities -- G. The enforcement of fines, punitive forfeiture and reparations orders -- H. Conclusion. |
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10. Conclusions. A. Introduction -- B. The role of victim redress as part of a system of international criminal justice -- C. The distinct role that the Rome Statute's regime for victim redress can play alongside other international regimes -- D. The potential role of the Rome Statute's regime of victim redress alongside national systems and processes -- E. opportunities provided by the Rome Statute as an institutional framework within which to deal with questions of victim redress -- F. Between ideals and reality: challenges confronting the Rome Statute's regime of victim redress. 1. The limited resources available for victim redress; 2. The selectivity of prosecutions under the Rome Statute; 3. The risk of a fragmented and inappropriately individualised response to the harm suffered by victims; 4. Difficulties associated with matters of victim redress being dealt with by an institution at the international level -- G. Conclusion. |
| Summary |
Explores the ICC's regime of victim redress, including both its reparations regime and the work of the ICC Trust Fund. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
International Criminal Court.
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International Criminal Court. |
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Rome Statute of the International Criminal Court (1998 July 17)
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Rome Statute of the International Criminal Court (1998 July 17) |
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Rome Statute of the International Criminal Court (1998 July 17) |
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Reparation (Criminal justice)
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Reparation (Criminal justice) |
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Victims of crimes -- Legal status, laws, etc.
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Victims of crimes -- Legal status, laws, etc. |
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Reparation (Criminal justice) -- Philosophy.
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Philosophy. |
| Genre/Form |
Electronic books.
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Electronic books.
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| Other Form: |
Print version: McCarthy, Conor. Reparations and victim support in the International Criminal Court. Cambridge ; New York : Cambridge University Press, 2012 9781107013872 (DLC) 2011052107 (OCoLC)769323268 |
| ISBN |
9781139380089 (electronic book) |
|
1139380087 (electronic book) |
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1280647566 |
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9781280647567 |
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9781139012782 (electronic book) |
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1139012789 (electronic book) |
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9781139377225 |
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1139377221 |
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9781107013872 |
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1107013879 |
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9781107664586 (paperback) |
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9781139375795 |
