The Trust Fund for Victims at the ICC announces the Submission of its Final Report in the case of The Prosecutor v. Germain Katanga
The TFV is pleased to inform that on 2 December 2024, the TFV has filed its Final Narrative and Financial Reports on the implementation of the Katanga Reparations Programme before ICC Trial Chamber II. The Katanga reparations programme is the first reparations programme to be completed at the ICC.
This report includes:
1. Cover Filing
2. Final Narrative Report of the implementation of reparations in the Katanga case
3. Final Financial Report of the implementation of reparations in the Katanga case
4. Evaluation Report by the University of Edinburg commissioned by the Trust Fund for Victims
The Final Report, in addition to other Court records in this case, can be found on the Court’s website.
The Katanga Reparations Programme benefitted individuals who lost family members, suffered physical and psychological harm, and lost their homes, property and livestock as a result of the attack of 24 February 2003 on the village of Bogoro in Ituri Province, Democratic Republic of the Congo (DRC), for which Mr Katanga was held liable by the ICC as an accessory to crimes against humanity and war crimes.
Following the Reparations Order, delivered by ICC Trial Chamber II in 2017, and confirmed on appeal in 2018, ordering individual and collective reparations in favour of 297 victims and setting the amount payable by Mr Katanga in reparations at USD 1 million, the reparations programme was implemented between 2017 and 2023. The programme included individual symbolic cash payments of USD 250 for each victim implemented at the early stage of the reparations. Between 2018 and 2023, victims residing in Ituri Province benefitted from collective reparations, including housing support, educational support for themselves and their dependents, and assistance with the income-generating activities of their choice. Victims outside Ituri Province received reparations in the form of cash payments instead. All victims residing in Ituri also benefitted from psychological support in 2023.
The reparations concluded in October 2023 and, further to the wishes expressed by the victims in this case, on 24 April 2024, a symbolic closing ceremony was held in Bunia, Ituri, DRC, to mark the completion of the implementation of reparations. Organised by the ICC and the TFV, with support from the DRC government, the event welcomed Ambassadors and representatives of Belgium, Germany, the European Union, Senegal, and the Netherlands. More than 200 of the 297 reparations beneficiaries, as well as their Legal Representatives, attended the ceremony.
Due to Mr Katanga ‘s indigence, the full amount decided by the ICC has been complemented by the Board of Directors of the TFV. In this context, voluntary contributions of the States Parties to the Trust Fund for Victims made the delivery of reparations possible. The TFV acknowledges the voluntary contributions received from the governments of the Kingdom of the Netherlands, the Federal Republic of Germany and Ireland, as well as from all other States that supported the TFV through unrestricted voluntary contributions. Unrestricted contributions to the TFV ensured resources for the TFV to cover additional expenses arising from the implementation of reparations, as described in Annex B – Financial Report.
The Trust Fund for Victims at the ICC contributes to realising the pillars of reparative justice of the Rome Statute through measures that recognise and redress the harm of genocide, crimes against humanity, war crimes and crimes of aggression on victims and their families.
Credits:
The delivery of reparations to victims was based on a Reparations Order, which in turn was based on a conviction of Mr Katanga. The work during the judicial proceedings of the Office of the Prosecutor, the Chambers, and the Registry, including the Victims Participation and Reparation Section, and the cooperation that States afforded to the Court in this case, set the context in which the Reparations Order would be issued.
The responsibility for the implementation of the reparation award in the Katanga case, while resting on the Trust Fund for Victims was possible due to contributions from various parts of the ICC system as a whole.
As described throughout the report, the LRVs were, through the delivery of their mandate, instrumental to the integration of victims in the design and implementation of the programme. The TFV witnessed the dedication of the two teams of legal representatives to their clients, ensuring that their voices would be heard and materialise into reparations. The TFV benefited from their collaboration throughout the six years of implementation of the programme.
The delivery of reparations was enabled by the Registry’s committed support and assistance to the TFV’s operations. This included tireless work in headquarters by the procurement unit, finance section, travel section, mission support section, legal office, travel, and the medical unit. At the country office level, this includes security, logistical and outreach support.
Voluntary contributions of the States Parties to the Trust Fund for Victims made the delivery of reparations possible. The TFV acknowledges the voluntary contributions received from the governments of the Kingdom of the Netherlands, the Federal Republic of Germany and Ireland, as well as from all other States that supported the TFV through unrestricted voluntary contributions. Unrestricted contributions to the TFV ensured resources for the TFV to cover additional expenses arising from the implementation of reparations, as described in Annex B – Financial Report.
The cooperation from the government of DRC was essential to the success of the programme. This includes contributions from provincial, regional and municipal authorities as well as school heads, those in charge of markets, banks, and other services in Bunia and beyond, which have enabled the reparations implementation throughout the six-year period. It also includes national authorities who engaged in the reparations proceedings and who supported the completion of the Closing Ceremony of the Programme.
The TFV benefitted from expert input for the delivery of the psychological support modality and from operational support from an intermediary engaged for the housing modality, as well as from an independent evaluation conducted by researchers of the University of Edinburgh on the impact of reparations on the victims.
Civil society organisations and journalists monitored and exercised informal oversight over the activities of the TFV throughout the period of reparations implementation. Their inputs and concerns kept the TFV accountable and ensured continued improvements.
Former and current staff of the TFV, as well as Board members have worked for many years from Bunia, The Hague and beyond to implement the reparations ordered by ICC Trial Chamber II in its Reparations Order. The relationship with the victims and the impact the measures have on their lives has fuelled the dedication of Board members and staff to the ICC’s mandate.
Ultimately, for reparations programmes to succeed, beneficiaries must be willing to participate and engage in the process. In this case, the beneficiaries, individually and as a collective, engaged in a meaningful and constructive manner with the TFV. Their positive attitude, patience and spirit of cooperation ensured the legitimacy of the programme and ownership at the local levels. They have inspired those privileged to witness from nearby their resilience and their embrace of the expressions of solidarity of this programme, which were delivered, as the Rome Statute provides, on behalf of the international community as a whole.
Useful Links:
Press release: "Symbolic Ceremony Marks End of ICC-Ordered Reparations for Victims in the case of The Prosecutor v. Germain Katanga in the Democratic Republic of Congo," 24 April 2024 in English and French.
Photos from the ceremony can be accessed on the TFV's Flickr account.
To learn about the Katanga Case, you can visit the ICC Website and TFV Katanga page.
For more information about the TFV work in the Democratic Republic of the Congo, click here.