First judgment of the International Criminal Court supporting the right of victimins to reparations: the case of The Prosecutor v. Thomas Lubanga Dyilo, 7 August 2012

After nearly a decade of exercising its jurisdiction, the International Criminal Court issued its first conviction, finding Thomas Lubanga Dyilo criminally responsible for the war crime of conscription, enlistment and use of child soldiers. This judgment of 14 March 2012 is a milestone in the development of International Criminal Law. Equal or even greater importance, however, should be attached to the subsequent judgment of 7 August 2012, by which the Court established the principles and process of reparation for the victims of the crimes committed by Thomas Lubanga. The judgment establishes, inter alia, a broad concept of victim, an extensive and controversial variety of remedies, and the «but-for» test of causation. The Court opted to delegate the delicate task of the process of reparation to the Trust Fund for Victims, whose work in this regard is to be overseen by a new Chamber. This has generated considerable controversy and means that the victims have a long way to go before they can obtain their rightful reparations.

Ana Gema López Martín

gross human rights violations; International Criminal Court; Lubanga Case; reparations for victims;

REDI Vol. LXV 2 2013



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