The creation of an International Criminal Court provides a unique opportunity to give effect to the right of victims of atrocities to reparations. 6 Reparation to victims can take many forms, of which the establishment of the court and punishment of the perpetrators is one crucially important form. The making of reparations from perpetrator to victims can play a critical role in the healing process of victims and societies as a whole, and is itself a factorin preventing future violations.
Reparation is an essential element in the administration of international justice.
The ICC should have the power to make binding orders for reparation in favor of the victims of crimes within its jurisdiction. It is important that the Court be endowed both with appropriately strong powers to make binding and enforceable reparations orders, and the necessary flexibility to determine the most effective way of providing reparation in each concrete case. While orders will be made against the individuals responsible, upon a finding of guilt, it is extremely important that the statute clarify the obligation of state parties to comply with requests of the Court, to give effect to its judgments, and, where the perpetrator was a state actor, to satisfy the reparation orders. The Court should have the power to award reparation to victims and their representatives. 9 Reparation should be defined broadly to include restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.