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International Journal of Transitional Justice Advance Access published online on April 17, 2009

International Journal of Transitional Justice, doi:10.1093/ijtj/ijp001
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© The Author (2009). Published by Oxford University Press. All rights reserved. For Permissions, please email journals.permissions@oxfordjournals.org.

Reparations under the Rome Statute of the International Criminal Court and Reparative Justice Theory

Conor McCarthy*

* PhD candidate, Jesus College, University of Cambridge, UK. Email: cm396{at}cam.ac.uk

1Modern theories of ‘reparative justice’ have substantial ambitions for the project of criminal justice and, in particular, the relationship between victims and a criminal justice system. These theories have, in a variety of ways, proven influential in a number of domestic criminal justice systems. At the international level, the Rome Statute of the International Criminal Court has sought to give victims a more central position within the international criminal justice system. One way in which this has been done is through the creation of a regime for reparations to victims in Article 75 of the Statute. This article analyses the main themes of modern reparative justice theory. It goes on to provide a legal analysis of the main elements of the Rome Statute reparations regime and concludes by asking whether, given the constraints under which it operates, the regime can meet the needs of victims in a way that satisfies reparative justice theory.


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