La reparación de las víctimas de crímenes internacionales y la Corte Penal Internacional

Resumo

The present study primarily seeks to show how and to what extent the International Criminal Court does restorative justice, so that reparation is made to the victims and they feel part in the very process. For this, the concepts reparation and victims and the stage of reparation will lead our work to determine the ins and outs of the restorative postulates in the rules and practice of the Court. For the study of the reparation of victims of international crimes and the International Criminal Court, the Doctoral Thesis has been divided into an introduction, four chapters and conclusions, with the aim of a better understanding of the study. Chapter I is committed to the analysis of the restorative function in the International Criminal Court, taking into account the nature of the bodies that have it recognized, the Court and the Trust Fund for Victims, as well as the principles that, according to the jurisprudence of the International Criminal Court, must be taken into account when making reparation. Chapter II analyses the key concepts of that system and of restorative justice -victim and right to reparation- as they have been included in the regulation of the Court. Chapter III studies the victim's participation in the reparation process. As a final point, Chapter IV focuses on the analysis of the cooperation of the Member States and the Trust Fund for Victims with the International Criminal Court in matters of reparation. The study ends with conclusions and proposals to improve the restorative legal system of the International Criminal Court from the perspective of restorative justice.