
Contents
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I. Introduction I. Introduction
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II. Analysis of the Actual and Potential Impact of the Iacthr’s Reparations System on the ICC’s Reparations System: Justification and Cautionary Notes II. Analysis of the Actual and Potential Impact of the Iacthr’s Reparations System on the ICC’s Reparations System: Justification and Cautionary Notes
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A. Justification A. Justification
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B. Cautionary Notes B. Cautionary Notes
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III. Who Can be Reparations Claimants and Beneficiaries? III. Who Can be Reparations Claimants and Beneficiaries?
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A. Definition and Categories of Victims A. Definition and Categories of Victims
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B. Causal Link Between Crime and Harm B. Causal Link Between Crime and Harm
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IV. What Can Reparations Claimants Receive? IV. What Can Reparations Claimants Receive?
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A. Modalities of Reparations A. Modalities of Reparations
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B. Types of Reparations Awards B. Types of Reparations Awards
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V. How to (Better) Implement ICC Reparations Awards? The Iacthr’s Potential Contributions V. How to (Better) Implement ICC Reparations Awards? The Iacthr’s Potential Contributions
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A. Implementation of Reparations A. Implementation of Reparations
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B. Potential Institutional Contributions of the IACtHR to the ICC’s Reparation System B. Potential Institutional Contributions of the IACtHR to the ICC’s Reparation System
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VI. Conclusion VI. Conclusion
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III.1 Reparations for Victims of Mass Atrocities: Actual and Potential Contributions of the Inter-American Court of Human Rights to the International Criminal Court
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Published:August 2019
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Abstract
The Inter-American Court of Human Rights (IACtHR) has developed important reparations case-law, especially concerning serious human rights violations. Among international and hybrid criminal tribunals (ICTs), the International Criminal Court (ICC) introduced the first reparations system for victims of international crimes under its jurisdiction. However, whereas the IACtHR orders reparations against states, the ICC can only order reparations against convicted individuals. Thus, this article examines whether, to what extent and how the IACtHR’s practice has actually contributed and/or may potentially contribute to the substantive law and institutional aspects of the ICC’s reparations system. It is found that the ICC’s reparations practice has extensively used the IACtHR’s reparations case-law, especially concerning substantive law, as adapted to the nature and mandate of the ICC. Besides these contributions, the IACtHR’s potential contributions to enhance institutionally the ICC’s reparations system, particularly as for reparations implementation, are discussed.
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