'Like all proceedings before the Court' : how to assess and afford fairness to convicted persons in adjudicating and administering reparations at the International Criminal Court

Abstract

The ICC reparations process in a case commences immediately upon a trial judgement assigning guilt for crimes under the Court’s jurisdiction. The defendant in the trial, now convicted at first-instance, becomes a party to those reparations proceedings which run in parallel to sentencing litigation and often alongside appeals. As affirmed by Trial Chamber II in Katanga, “The reparations phase, like all proceedings before the Court, is a judicial process”, entailing rights outlined in the ICC texts. The trial is over, but the rights remain. This article delves into the reparation framework within the ICC by dissecting its intent and the role of the convicted individual. It examines the rights of defendants involved in reparations proceedings, addressing concerns regarding timing, equality of representation, and the right to confront accusations when faced with a lack of information and heavy redactions. It underscores the necessity to examine what is meant by ‘fair trial rights’ when the trial itself has concluded.