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Working Papers

The International Criminal Court Reparations to Victims of Crimes (Article 75 of the Rome Statute) and the Trust Fund (Article 79)

Recommendations for the Court Rules of Procedure and Evidence

Dinah L. Shelton
Thordis Ingadottir

Prepared by the
CENTER ON INTERNATIONAL COOPERATION NEW YORK UNIVERSITY
26 July Ð 13 August 1999 Meeting of the Preparatory Commission for the International Criminal Court

The Center on International Cooperation is pleased to make available the following papers by Dinah Shelton and Thordis Ingadottir on "The International Criminal Court: Reparations to Victims of Crimes and the Trust Fund (Articles 75 and 79 of the Rome Statute)". By doing so we hope to make a contribution to current discussions of the merits and means of victim reparations under international law in the context of the July 26 Ñ August 13 meeting of Preparatory Commission for the International Criminal Court. The Center itself takes no position on the legal questions involved but believes that the views of the papersÕ authors can help to both clarify provisions in the Rome Statute and inform decisions on the structure and use of the proposed Trust Fund.

CONTENTS
Foreward
Prologue

REPARATIONS TO VICTIMS AT THE INTERNATIONAL CRIMINAL COURT
by Dinah L. Shelton

I) Introductions

II) Reparations to victims in international Law: Some Lessons For The International Criminal Court

1. The Right to a Remedy
2. The Purpose of Remedies
3. Who May Claim Reparations
4. Kinds of Remedies
5. Reparations in Large Numbers of Cases
6. Recommendations for the Processing of Claims under the Rome Statute

III) Conclusions

THE TRUST FUND UNDER ARTICLE 79 OF THE ROME STATUTE
by Thordis Ingadottir

I) Introduction

II) The Trust Fund
1. The Trust Fund as "Depository" (art. 79.2)
2. The Trust Fund as "Intermediary" (art. 75.2)
3. Other Possible Sources of Funding for the Trust Fund
3.a) The CourtÕs Budget
3.b) Voluntary Contributions

III) Conclusions

Recommendations to the Preparatory Commission For The International Criminal Court

Annexes

I) Articles 75 and 79 of the Rome Statute
II) Basic References (in chronological order)
III) AuthorsÕ Biographies

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