Between idealism and realism
A comparative analysis of the reparations regimes of the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia
Bibliographic Data
| ID | 6193378 |
|---|---|
| Authors | Alina Balta (International Victimology Institute (INTERVICT), Tilburg University, Tilburg, The Netherlands, corresponding author), Manon Bax (International Victimology Institute (INTERVICT), Tilburg University, Tilburg, The Netherlands), Rianne Letschert (International law and victimology, Maastricht University, Maastricht, The Netherlands) |
| Year | 2021 |
| Volume | 45 |
| Issue | 1 |
| Pages | 15-38 |
| Publication date | 2021-01-02 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Comparative and Applied Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 0192-4036 • E-ISSN: 2157-6475 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/01924036.2019.1695640 |
| OpenAlex | W2989895462 |
| Language | EN |
| Citations received | 1 |
| References cited | 55 |
This article investigates the approach to reparations of the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC), using a comparative law perspective, complemented by socio-legal insights. We trace back the development of the reparative frameworks of the ICC and ECCC, and identify the normative bases and political climate underlying the establishment of both courts. Moreover, we scrutinize their case law and implementation practice on reparations, and posit that the initial context of development will not predict how well the courts will fare in practice. Instead, we argue that the openness and flexibility of the courts, to acknowledge when change is needed and adapt to challenges arising during the process of designing and implementing reparations appear to be moreimportant than the initial context. We conclude that in order to make the victims’ right to reparation real, the courts’ reparative mandates require a deeper reflection on the feasibility of the underlying goals of international criminal justice and a realistic assessment of their performance in practice
Criminal court · Economics · Epistemology · Idealism · International law · Law and economics · Normative · Openness to experience · Political science · Politics · Sociology · Asian Geopolitics and Ethnography · Cambodian History and Society · International Law and Human Rights · Law · Psychology
Invitation to Law and Society
Atrocity, Punishment, and International Law
Humanity's Law
Hybrid Justice
Retributive and restorative justice
Transformative Reparations for Women and Girls at the Extraordinary Chambers in the Courts of Cambodia
Confronting Duch
Victims as a Third Party
Collective Reparations at the Extraordinary Chambers in the Courts of Cambodia
The Value of International Criminal Justice
Defending the Khmer Rouge
The Future of the International Criminal Court. On Critique, Legalism and Strengthening the icc’s Legitimacy
Rome’s Legacy
Victim-Oriented Measures at International Criminal Institutions
Introduction
Elaborating Justice for Victims at the International Criminal Court
The Rise, and Fall, and Rise, of International Criminal Justice
After the Honeymoon
Civil Party Participation in Trials of Mass Crimes
New Paths in International Criminal Justice
Victim Redress and International Criminal Justice
From the Margins of Internationalized Criminal Justice
Beyond Repair
Two for the Price of One
Justice for victims’ in trials of mass crimes
Socio‐legal Theory
The Discursive Process of Legalization
International Recognition of Victims' Rights
| Citations per year | 1 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |