No redress without justice victims and international criminal law

Abstract

Redress for victims of international crimes is coming of age. In the wake of the first judgment of the ICC which found Thomas Lubanga Dyilo guilty of recruiting child soldiers and the subsequent first decision on the principles and procedures of reparation, the time is ripe for a concrete assessment of the extraordinary development in victim redress over the last two decades. The incorporation of a redress regime into international criminal justice systems, in particular, raises the question as to whether a relationship exists between bringing to justice perpetrators of international crimes and bringing justice to victims of such crimes. The practice of international human rights supervisory bodies indicates that investigation and prosecution of wrongdoers are increasingly considered to be an integral part of the remedy owed to victims of gross violation of human rights. After exploring this emerging trend, this paper questions whether the same advance can be made in the context of international criminal justice, and what the consequences are in terms of victims' participation and reparation.