Justifying compensation by the International Criminal Court's victims trust fund: Lessons from domestic compensation schemes 

   
 
Author(s)Megret, Frederic
Title Justifying compensation by the International Criminal Court's victims trust fund: Lessons from domestic compensation schemes
Source Brooklyn Journal of International Law, Vol 36:1, pp123-204; 2010-2011
Date 2010-2011
Document type Journal article
Coverage Europe
Summary This article examines the hypothesis that international criminal justice can draw inspiration from domestic compensation schemes and explores the extent to which domestic rationales for victim compensation can be applied to the international sphere. The author examines the Trust Fund for Victims (TFV) and explores the functioning of the fund, who should pay for it and importantly, what should be its rationale. Legal, rights, political theory, humanitarian, moral and equitable and welfarist rationales are explored in depth at domestic and international levels. Some of the rationales were found to be more relevant than others but ultimately it was concluded that the TFV was a mix of rationales, which can allow it to engage in a variety of policies and strategies. It is suggested that thinking about the proper rationale for compensation is necessary to ensure the TFV practices in the right direction.
Keywords International; ICC; Trust Fund for Victims; compensation rationale
Topic

Compensation