Victims and Reparations in International Criminal Justice: African Initiatives

Abstract

Two important African criminal justice initiatives, namely, the Extraordinary African Chambers (eac) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights (acjhr), illustrate the trend whereby victims can claim and receive reparations at international/hybrid criminal tribunals (icts). The International Criminal Court (icc) started this trend. This article will examine whether the eac and acjhr can contribute to victims’ status as reparations claimants on substantive, procedural and institutional levels. The eac-Statute as applied in Habré and the acjhr-Statute constitute the primary sources of analysis as complemented by inter alia the law and/or practice of the icc, Extraordinary Chambers in the Courts of Cambodia (eccc) and the African Court on Human and Peoples’ Rights (ACtHPR). This article generally finds that the realisation of victims’ right to reparations at the eac and acjhr depends on how normative and implementation deficits and challenges are handled.