Reparations: A comparative analysis between judgments on the appeals against orders for reparations in Lubanga, Al Madhi and Katanga

Resumen

The International Criminal Court has ruled on reparations in three different cases: Lubanga (Democratic Republic of the Congo), Al Mahdi (Mali), and Katanga (Democratic Republic of the Congo).   

On 7 August 2012, Trial Chamber I issued the Decision Establishing the Principles and Procedures to be Applied to Reparations and an Order for Reparations in the Case of The Prosecutor v. Thomas Lubanga Dyilo Both the Decision and the Order for Reparations were challenged by Mr. Lubanga, the Legal Representatives of Victims, and the Office of Public Counsel for Victims. On 3 March 2015, the Appeals Chamber (AC) issued its decision on the appeals (‘Lubanga AC Judgment’).

Similarly, on 17 August 2017, TC VIII issued the Reparations Order in the Case of The Prosecutor v. Ahmad Al Faqi Al Mahdi. The Legal Representative of Victims filed an appeal against said Order. On 8 March 2018, the Appeals Chamber issued its Judgment on the appeal against the “Reparations Order” (‘Al Mahdi AC Judgment’).

On 24 March  2017,  Trial  Chamber II  issued  the  “Order  for  Reparations pursuant to Article 75 of the Statute“ in the Case of The Prosecutor v. German Katanga. A legal representative of victims, the Office of Public Counsel for victims and Mr. Katanga impugned such decision. On 8 March 2018 the Appeals Chamber issued its judgment on the appeals (‘Katanga AC Judgment’).

The Lubanga AC Judgment established a comprehensive set of procedural and substantive principles concerning reparations. The Katanga and Al Mahdi AC Judgments expanded and explained Lubanga, and adopted new findings touching on the rights of the convicted person and the victims and the role of the Trust Fund for Victims.  

The article describes issues relating to reparation proceedings that were decided by the Appeals Chamber in the Lubanga, Katanga and Al Madhi Cases.