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Realizing Reparative Justice for International Crimes: From Theory to Practice


ISBN13: 9781108472685
Published: July 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £89.99



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This book provides a timely and systematic study of reparations in international criminal justice, going beyond a theoretical analysis of the system established at the International Criminal Court (ICC). It originally engages with recent decisions and filings at the ICC relating to reparation and how the criminal and reparative dimensions of international criminal justice can be reconciled. This book is equally innovative in its extensive treatment of the significant challenges of adjudicating on reparations, and proposing recommendations based on concrete experiences. With recent and imminent decisions from the ICC, and developments in national courts and beyond, Miriam Cohen provides a critical analysis of the theory and emerging jurisprudence of reparations for international crimes, their impact on victims and stakeholders.

  • Explores reparations for victims of international crimes, not only as it applies to the International Criminal Court but also to other national and international fora
  • Examines reparations in a holistic manner, showing its historical and conceptual backgrounds
  • Contrasts different systems and draws some lessons from international human rights jurisprudence and related fields
  • Carefully analyses submissions of the parties and ICC court decisions, going beyond a theoretical analysis of reparations in the field of international criminal law to offer recommendations for development

Subjects:
International Criminal Law
Contents:
Introduction
1. Punishment and reparation: construing the legal basis of a duty to repair in international criminal law
2. Reparative justice at international and hybrid criminal tribunals
3. The construction of a reparative dimension of international justice before the International Criminal Court (ICC)
4. Victims of international crimes within administrative mechanisms: the ICC Trust Fund For Victims
5. The role of national courts and mechanisms in realizing reparative justice for international crimes
Conclusions
Bibliography
Index