The Trust Fund’s reparations mandate is related to specific judicial proceedings before the Court that result in a conviction. The reparations mandate is beginning to play a larger role in the Trust Fund’s work as the Court’s first criminal proceedings conclude. With four cases reaching the reparations stage in 2016, this represents an exciting and important opportunity for the Trust Fund to develop and strengthen its institutional partnership with the ICC in order to ensure the success of the reparations regime laid out in the Rome Statute.
Each of the four cases now at the reparations stage involve different crimes, which have resulted in diverse and distinct harms to the victims and their families. In partnership with the Court, the Trust Fund’s task is now to ensure that the design of awards for reparations are responsive to the specific harms suffered by victims in each case as found by the respective Trial Chambers, and that, through their efficient and timely implementation, the promise of reparations can become a concrete and meaningful reality for victims, setting them on a path to healing and positive reintegration within their families and communities.
The case against Mr Thomas Lubanga Dylio
The Court has approved symbolic and service-based collective reparations awards in the Lubanga case. For the symbolic reparations awards, the Trial Chamber approved the Trust fund’s plan for the construction of three community centres and the launch of a mobile programme featuring activities to the reduce stigma and discrimination that former child soldiers continue to face in the communities where they reside. For the service-based collective reparations, the Trial Chamber approved the Trust Fund’s plan to provide physical and psychological rehabilitation, as well as vocational training and income-generating activities. The TFV is complementing the payment of the above reparations to an amount of €1 million.
Mr Lubanga has been found indigent. A decision of the Trial Chamber to establish Mr Lubanga’s liability at an amount higher than the TFV complement would have implications for the eventual scope and size of the reparations awards. the Trial Chamber set Mr Thomas Lubanga’s liability for the reparations awards to US $10 million and requested that the Board of the Trust Fund for Victims consider, in light of Mr Lubanga’s indigence, complementing the payment of the reparations awards. In May 2018, the TFV Board decided to provide an additional complement of €2.5 million for the Lubanga reparations awards. Thus, in total, the Trust Fund’s complement in the Lubanga case stands at €3.5 million. The Board further decided to undertake fundraising efforts to secure the remainder of the reparations award amount established by the Trial Chamber.
The case against Mr Germain Katanga
The Trial Chamber set Mr Katanga’s liability for reparations at $1 million USD (or € 0.9 million) in its order for reparations on 24 March 2017. The following awards for reparations were ordered to 297 victims: an individual compensation award of $ 250, and four collective awards in the form of housing assistance, education assistance, income generating activities, and psychological rehabilitation. The Trust Fund’s Board of Directors has decided to complement in full the $ 1 million USD value of the reparations awards.
The Netherlands are providing a voluntary contribution to the TFV, earmarked for the individual awards in this case. Throughout the first half of 2018, the Trust Fund has worked in close collaboration with the relevant ICC Registry sections and the legal representatives in the case with regard to the reparations implementation process.
The case against Mr Ahmad Al Faqi Al Mahdi
In August 2017, the Trial Chamber issued reparations order setting Mr Al Mahdi’s liability at € 2,7 million for the following reparations awards: individual awards for financial loss and for the moral harm for those victims with a close connection to the destroyed mausoleums, collective reparations through reconstruction of the protected buildings, and collective reparations for the community of Timbuktu. In view of Mr Al Mahdi’s indigence, the Trial Chamber asked the Trust Fund to consider fully complementing the payment of reparations awards, while prioritising the individual awards.
On 20 April 2018, the Trust Fund submitted its draft implementation plan. On 12 July 2018, the Trial Chamber ordered the Trust Fund to provide on 2 November 2018, an updated draft implementation plan. In May 2018, the TFV Board decided to allocate €1,350,000 for the reparations awarded to victims in this case, and undertake fundraising efforts to secure the remainder of the reparations award amount established by the Trial Chamber.