The Right of Victims to Reparations under International Law Comparative Analysis of the Ad Hoc International Criminal Tribunals, Special Courts and the International Criminal Court

Victims have long been silent partners in the prosecution of perpetrators of genocide and serious human rights violations. Victims have been brought to courts for the sole purpose of testifying on their traumatic experiences. However, international standards such as the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, recognize victims’ rights to be treated humanely. These texts also recognize the right of victims to adequate, effective and prompt reparations, which should be proportional to the gravity of the violations and harm suffered. This article analyzes the normative framework and practice of victim reparations under the ad hoc International Criminal Tribunals and Special Courts in comparison to the International Criminal Court. This paper concludes that the ad hoc tribunals should be brought to compliance with international standards comparing to the International Criminal Court, which is also an imperfect institution.