Examining the Legal Implications of the Reparations Regime Principles of The Impugned Decision of The International Criminal Court in Thomas Lubanga’s Case

The Prosecutor v. Thomas Lubanga’s case remains a notable decision that gave rise to the first reparative justice regime of the Trial Chambers of the International Criminal Court (ICC) on war crimes of child soldiering. In line with the provisions of Art. 75(1) of Rome Statute of International Criminal Court (ICC), this work notes that ICC established several relevant principles related to reparations along with its application. It examines the implications of the evolved principles developed by ICC with respect to their implementation in International Criminal Law (ICL). The article touches on the impediments affecting the court as it relates to the enforcement of the emerged principles. The work argues amongst others that the legal consequences of the slow development of reparations principles under the ICL architecture through case-by-case analysis, unclear definition of collective reparation, large number of victims, unsettled view on causation, large beneficiary factors, financial constraints of the convicted persons, are some challenges facing the development of reparations regime of the ICC. Significantly, the work identified the existing gaps that affect the reparations process. It concludes by making recommendations capable of enhancing the growth of reparations principles in ICL.

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Publication Details

Journal
Kutafin Law Review
Published
2025-04-01
DOI
https://doi.org/10.17803/2713-0533.2025.1.31.039-062
Primary Topic
International Law and Human Rights
Type
article
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article

Examining the Legal Implications of the Reparations Regime Principles of The Impugned Decision of The International Criminal Court in Thomas Lubanga’s Case

Uche Nnawulezi, Obinna Nnanna Okereke
Kutafin Law Review
International Law and Human Rights
article

Examining the Legal Implications of the Reparations Regime Principles of The Impugned Decision of The International Criminal Court in Thomas Lubanga’s Case

Uche Nnawulezi, Obinna Nnanna Okereke
article en

Abstract

The Prosecutor v. Thomas Lubanga’s case remains a notable decision that gave rise to the first reparative justice regime of the Trial Chambers of the International Criminal Court (ICC) on war crimes of child soldiering. In line with the provisions of Art. 75(1) of Rome Statute of International Criminal Court (ICC), this work notes that ICC established several relevant principles related to reparations along with its application. It examines the implications of the evolved principles developed by ICC with respect to their implementation in International Criminal Law (ICL). The article touches on the impediments affecting the court as it relates to the enforcement of the emerged principles. The work argues amongst others that the legal consequences of the slow development of reparations principles under the ICL architecture through case-by-case analysis, unclear definition of collective reparation, large number of victims, unsettled view on causation, large beneficiary factors, financial constraints of the convicted persons, are some challenges facing the development of reparations regime of the ICC. Significantly, the work identified the existing gaps that affect the reparations process. It concludes by making recommendations capable of enhancing the growth of reparations principles in ICL.

Kutafin Law ReviewVol. 12(1)
Kogi State University (NG), Bowen University (NG)
Openalex Percentile: Top 92%
International Law and Human Rights
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Examining the Legal Implications of the Reparations Regime Principles of The Impugned Decision of The International Criminal Court in Thomas Lubanga’s Case — Uche Nnawulezi, Obinna Nnanna Okereke · Kutafin Law Review (2025) | TGRS Research Map | TGRS