A Study on the Concept of Transgenerational Harm: Focusing on Recent Reparations Cases of the International Criminal Court

This paper examines the significance and limitations of the concept of transgenerational harm as recently recognized in the reparations practice of the International Criminal Court (ICC). Transgenerational harm refers to the phenomenon in which “social violence” is transmitted from one generation to the next, resulting in trauma experienced by descendants. The observation of trauma among the children of Holocaust survivors has gradually been supported by scientific evidence suggesting that such effects are not coincidental but rather transmitted from the parental generation through epigenetic mechanisms. While recognizing transgenerational harm as compensable damage in traditional civil litigation remains challenging, the ICC—embracing the ideals of restorative justice—has boldly acknowledged such harm. This recognition enables the children of victims to articulate their suffering, regain moral standing in relation to perpetrators, and acquire the legitimate status to demand an apology. Such an approach prompts reflection on the need for greater societal attention to the suffering experienced by the descendants of victims of state violence, such as those affected by the May 18 Gwangju Democratization Movement.