Victim assistance under the Rome Statute: Approach and effectiveness of the Trust Fund for Victims assistance activities

Abstract This paper contributes to an underdeveloped yet critical feature of international criminal law – victim assistance. With the creation of the ICC and the Trust Fund for Victims, the idea of victim assistance in situations of mass criminalities was provided an institutional backbone. However, much of its operational principles remain theoretically ill-defined. Through a methodological study of over a decade of assistance programmes administered by the Fund, this paper sheds light on some of the critical operational principles which have emerged in practice. Additionally, in light of these principles, this paper argues that there exist two major causes of ineffectiveness which hamper the Fund’s assistance work – first, the problem of defining its goals in definite, strategic terms, and second, the overlap between assistance mandate of the Fund and reparations regime of the ICC. It concludes by making course-correction suggestions for the Fund to chart a future towards an effective organization building.

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Publication Details

Journal
Leiden Journal of International Law
Published
2025-04-02
DOI
https://doi.org/10.1017/s0922156524000608
Primary Topic
European and International Law Studies
Type
article
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article

Victim assistance under the Rome Statute: Approach and effectiveness of the Trust Fund for Victims assistance activities

Rohan Jain
Leiden Journal of International Law
European and International Law Studies
article

Victim assistance under the Rome Statute: Approach and effectiveness of the Trust Fund for Victims assistance activities

Rohan Jain
article en

Abstract

Abstract This paper contributes to an underdeveloped yet critical feature of international criminal law – victim assistance. With the creation of the ICC and the Trust Fund for Victims, the idea of victim assistance in situations of mass criminalities was provided an institutional backbone. However, much of its operational principles remain theoretically ill-defined. Through a methodological study of over a decade of assistance programmes administered by the Fund, this paper sheds light on some of the critical operational principles which have emerged in practice. Additionally, in light of these principles, this paper argues that there exist two major causes of ineffectiveness which hamper the Fund’s assistance work – first, the problem of defining its goals in definite, strategic terms, and second, the overlap between assistance mandate of the Fund and reparations regime of the ICC. It concludes by making course-correction suggestions for the Fund to chart a future towards an effective organization building.

Leiden Journal of International LawVol. 38(3)
Supreme Court of Virginia (US)
Openalex Percentile: Top 93%
European and International Law Studies
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