Assistance Mandate
[Defined as] “…resources other than those collected from awards for reparations, fines and forfeitures” (Regulation 47 of the Regulations of the Trust Fund for Victims).
The TFV’s assistance mandate enables victims of crimes (as defined in Rule 85 of the Rules of Procedure and Evidence) and their families who have suffered physical, psychological and/or material harm as result of war crimes, to receive assistance separately from, and prior to, a conviction by the Court. This assistance relies upon resources the Trust Fund has raised through voluntary contributions, and is distinct to reparations awards, in that it is not linked to a conviction. The key difference between the assistance and reparations mandates is that reparations are linked to accountability, arising from individual criminal responsibility of a convicted person, whereas the assistance mandate is not.
The assistance mandate is crucial in helping to repair the harm that victims have suffered, by providing assistance: 1) in a timelier manner than the judicial process may allowed, and 2) to a more extensive range of victims who are affected by the broader situations before the Court, regardless of whether the harm they suffered stems from particular crimes charged in a specific case. In particular, earmarked funding constitutes an important component of the TFV’s resources under the assistance mandate, especially for supporting victims of sexual and gender-based violence (SGBV).
The assistance mandate consists of three forms of support:
- Physical Rehabilitation: To address the care and rehabilitation of those victims who have suffered physical injury, in order to recover and resume their roles as productive and contributing members of their societies.
- Psychological Rehabilitation: To offer cost-effective psychological, social and other health benefits as a means to assist in the recovery of victims, and to educate local populations about the needs of victims.
- Material Support: To improve the economic status of victims as a means to assist in their recovery.