Reparations mandate

The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation” (Article 75 (1) of the Rome Statute).

The reparations mandate allows the TFV to collect fines or forfeitures from a convicted individual in a war crimes case, in order to provide reparations awards to victims. These reparations can be individual or collective, and can take many different forms, including restitution, compensation and rehabilitation. However, reparations are not limited to just individual, monetary compensation; they may also be awarded in more collective or symbolic forms, as measures that can help to promote reconciliation within divided communities.  This broad mandate allows the Court to identify and award the most appropriate forms of reparation in light of the context of the case, and in light of the rights and wishes of the victims and their communities.

In addition, the Court may order that an award for reparations against a convicted person be deposited with the TFV, if at the time of making the order, it is impossible or impracticable to make individual awards directly to each victim.

Reparation orders