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The Ntaganda Reparations Order: a marked step towards a victim-centred reparations legal framework at the ICC

NB: The author has been involved in the work of reparations at the ICC, first as a Court-appointed expert in the Al Mahdi case in 2017 and, between 2018 and 2020, as a reparations expert at the TFV. However, this post is written in the author’s personal capacity. On 8 July 2019, Trial Chamber VI of the International Criminal Court (ICC) sentenced Bosco Ntaganda to 30 years of imprisonment after finding him guilty of five counts of crimes against humanity and thirteen counts of war crimes committed between 2002-2003 in Ituri (DRC). The Appeals Chamber confirmed both the sentence and verdict on 30 March 2021. A few weeks earlier, on 8 March 2021, Trial Chamber VI issued the Ntaganda Reparations Order. An order for reparations is the document that sets out the foundations for the implementation of measures in favour of victims and, for that purpose, must be (1) directed against the convicted person; (2) establish the convicted person’s amount of liability; (3) identify…

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Interview of the former President of the ICC, Judge Chile Eboe-Osuji, by Shehzad Charania

  In the final weeks of the Presidency of ICC Judge Chile Eboe-Osuji, I conducted the following interview with him. I begin by asking Eboe-Osuji why he wanted to become President. ‘I have always believed in the idea that if you want to achieve real change, you cannot just sit on the sidelines and complain.’ There…

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The ICC Prosecutor’s statement on the Situation in Palestine: A Hand Stretched forth in Friendship?

On 3 March the OTP of the ICC confirmed that it had initiated an investigation regarding the Situation in Palestine. The investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014. The OTP statement was no surprise: according to Article 18…

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“To Release or not to Release, that is the Question”: Detention Pending Trial at the International Criminal Court after the Gicheru Case

On 29 January this year, the Pre-Trial Chamber A of the International Criminal Court (ICC) decided to grant interim release to Paul Gicheru, a lawyer suspected of offences against the administration of justice under Article 70(1)(c) of the Rome Statute, consisting in corruptly influencing ICC witnesses in cases from the Kenyan situation in 2013 (Decision). This…

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Unpacking Sovereignty and Self-determination in ITLOS and the ICC: A Bundle of Rights?

In a short space of time, two international courts have handed down rather dramatic decisions related to the contested issues of self-determination and sovereignty of the Chagos Archipelago and Palestine, which have, for a very long time now, been under the UK and Israeli occupation respectively. On 28 January 2021, an ITLOS Special Chamber found…

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