Victims’ Justice? Reparations and Asset Forfeiture at the Extraordinary African Chambers

Birkett, Daley (2019) Victims’ Justice? Reparations and Asset Forfeiture at the Extraordinary African Chambers. Journal of African Law, 63 (2). pp. 151-161. ISSN 0021-8553

[img]
Preview
Text
Birkett - Victims’ Justice OA.pdf - Published Version
Available under License Creative Commons Attribution 4.0.

Download (167kB) | Preview
Official URL: https://doi.org/10.1017/S0021855319000159

Abstract

This article critically analyses the reparations and asset forfeiture framework at the Extraordinary African Chambers and its application in the case against Hissène Habré. It identifies obstacles to implementing the reparations awarded and calls for states and international organizations to support their realization for the sake of Habré’s victims, without whose efforts the tribunal might not exist. It argues that international(ized) criminal tribunals should more readily utilize fines and forfeiture as penalties to alleviate the pressure on trust funds to implement reparations awards, particularly in cases where convicted persons possess substantial assets. Lastly, in light of the requirement that assets susceptible to forfeiture orders be derived directly or indirectly from the crime(s) of which a person is found guilty, the article questions the failure of the prosecutor to charge Habré with the war crime of pillage, despite its availability in the tribunal's statute and the finding that the suffering of many of Habré’s victims entitled to individual compensation resulted from pillage.

Item Type: Article
Uncontrolled Keywords: Reparations, forfeiture of assets, Extraordinary African Chambers, Senegal, Hissène Habré, Chad
Subjects: M100 Law by area
M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 04 Sep 2019 14:33
Last Modified: 11 Oct 2019 13:34
URI: http://nrl.northumbria.ac.uk/id/eprint/40517

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics


Policies: NRL Policies | NRL University Deposit Policy | NRL Deposit Licence