TRANSITIONAL JUSTICE THROUGH REPARATION: Evaluating The Efficacy Of The Trust Fund For Victims Of The International Criminal Court In Northern Uganda

Project summary

Abstract from BSU Master thesis:

The once commonly held claim that international prosecutions have a valuable role to play in transitional processes has in recent years come under attack. This attack has been grounded in the assertion that international criminal prosecutions undermine reconciliation. Critics of the ICC question its relevance to victims and allege that it embodies a Western form of justice, prioritizing retribution over the restoration of victims’ lives and societies.

One overlooked unique aspect of the ICC include the unprecedented role given to victims in its proceedings and its overarching relationship with the Trust Fund for Victims (the Fund or TFV).  The TFV is a mechanism of the reparative regime of the ICC with a mandate to give effect to Court orders upon the verdict of guilt being passed on the convicted criminal as well as providing assistance to those affected by crimes under its jurisdiction. Through this, The Trust Fund for Victims instead “listens to the most vulnerable victims of genocide, crimes against humanity and war crimes, and amplifies their voices in the international arena.

This research on transitional justice and TFV as a case study looks at the efforts of an international body in localizing transitional justice through reparative means. The study concludes that even if it is true that some achievement has been made by the TFV in its efforts to promote reconciliation through their physical, material and psychological programming, it does not follow that full success must be achieved via a mechanism akin to the TFV alone. Victim participation and transitioning the programme to include the government in offering reparative assistance would enhance the success level of the TFV programming.