Reparations before the Special Criminal Court in the Central African Republic

Abstract

Listen

Translate article

Abstract Reparations for international crimes remain complex and pose a challenge for international criminal justice bodies. These challenges stem from the large victim population, set against the limited convictions that are usually entered (both in terms of the number of perpetrators and the charges) and the lack of resources dedicated to redress for victims. In its first case, the Central African Republic’s Special Criminal Court (SCC) stepped into this beleaguered area by ordering reparations for two massacres. Cognisant of its limitations and the needs of victims, the SCC built on the established jurisprudence of the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia, seeking to expound a more feasible vision of reparations for international crimes. This case note reflects on the SCC’s initial determinations around eligibility and the appropriate forms of reparations. These speak to the broader vision of the SCC in light of its capacity and jurisdiction. At the same time, they place an increased burden on victims to sufficiently justify the requested measures. Ultimately, despite efforts to make reparations for international crimes work, the SCC cannot escape the vortex of the criminal trial and the priority on funding lawyers rather than remedying victims’ harm.