“The Court may make an order directly against the convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.” (Article 75 (2) of the Rome Statute).
Under its reparations mandate, the TFV implements Court-ordered reparation awards with the funds collected from the convicted person and deposited with the Trust Fund or upon the TFV Board of Director’s decision to complement such Court-ordered reparation awards with the voluntary contributions of States Parties or other donors.
Funds collected from the convicted person through fines or forfeiture (article 79 (2) of the Statute) and through a reparation order (rules 98 and 218(3) of the Rules of Procedure and Evidence) can be transferred to or deposited with the TFV.
Reparation awards can be individual or collective and may be symbolic in character. The Statute mentions specifically:
Collective reparation awards may still yield individual benefits (for example, medical or psychological care, vocational training or other income-generating activities). Collective reparation awards may also help promote reconciliation within divided communities. This broad mandate allows the ICC and the TFV to identify and implement the most appropriate forms of reparation in light of the context of each respective case, taking into account the views of victims and their legal representatives as well as their communities.
The TFV is currently implementing Court-ordered reparation awards in three ICC cases, upon the TFV Board of Directors decision to either fully or partially complement the relevant reparation awards: