Towards a transformative reparation process: the communication practice by the International Criminal Court

author Megumi Ochi
journal RIDP Libri (ISSN: )
volume 2024
issue Victim-Centred Criminal Justice
section Part 3: Trial and reparation phase
publicatie datum 20 septembre 2024
langue English
pagina 217
abstract

The International Criminal Court (ICC or the Court) plays a crucial role in addressing the needs and rights of victims of mass atrocities through its unique transformative approach. Unlike traditional retributive and restorative justice models, this approach not only seeks to address harm but aims to fundamentally alter the underlying social conditions that perpetuate injustice. This article explores how transformative approaches are being integrated into the ICC's reparation process, emphasising the potential for victims to be active participants in the justice process. It first provides an overview of the development and essence of transformative justice by revisiting relevant literature and cases. The second section examines how the ICC has incorporated transformative justice into its reparation orders, proposing a transformative reparation process that actively involves victims. The third section uses the communication practices in Uganda as a case study, employing a qualitative approach and highlighting the challenges of explaining the Court’s proceedings to local communities. Semi-structured interviews conducted with ICC personnel in June 2023 provide insights into these challenges. The conclusion underscores the importance of effective communication with victims to ensure the reparation process holds a transformative impact.