Reparations for Victims of Mass Atrocities: Actual and Potential Contributions of the Inter-American Court of Human Rights to the International Criminal Court

Abstract

Abstract The Inter-American Court of Human Rights (IACtHR) has developed important reparations case-law, especially concerning serious human rights violations. Among international and hybrid criminal tribunals (ICTs), the International Criminal Court (ICC) introduced the first reparations system for victims of international crimes under its jurisdiction. However, whereas the IACtHR orders reparations against states, the ICC can only order reparations against convicted individuals. Thus, this article examines whether, to what extent and how the IACtHR’s practice has actually contributed and/or may potentially contribute to the substantive law and institutional aspects of the ICC’s reparations system. It is found that the ICC’s reparations practice has extensively used the IACtHR’s reparations case-law, especially concerning substantive law, as adapted to the nature and mandate of the ICC. Besides these contributions, the IACtHR’s potential contributions to enhance institutionally the ICC’s reparations system, particularly as for reparations implementation, are discussed.