Victims and Reparations in International Criminal Justice: African Initiatives

Two important African criminal justice initiatives, namely, the Extraordinary African Chambers ( eac ) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights ( acjhr - icls ), illustrate the trend whereby victims can claim and receive reparations at international/hybrid criminal tribunals ( ict s). The International Criminal Court ( icc ) started this trend. This article will examine whether the eac and acjhr - icls can contribute to victims’ status as reparations claimants on substantive, procedural and institutional levels. The eac -Statute as applied in Habré and the acjhr -Statute constitute the primary sources of analysis as complemented by inter alia the law and/or practice of the icc , Extraordinary Chambers in the Courts of Cambodia ( eccc ) and the African Court on Human and Peoples’ Rights (ACtHPR). This article generally finds that the realisation of victims’ right to reparations at the eac and acjhr - icls depends on how normative and implementation deficits and challenges are handled.