This Draft Implementation Plan was submitted to the Trial Chamber of the International Criminal Court by its Trust Fund for Victims, in relation to the conviction of Thomas Lubanga Djilo (ICC-01/04-01/06). Mr. Lubanga was found guilty, on 14 March 2012, of the war crimes of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the Democratic Republic of Congo. The Appeal Chamber’s issued an amended Order for Reparations of 3 March 2015.
In consideration of the scope and the extent of the harm done to victims, the Appeals Chamber determined that collective rather than individual reparations were appropriate. This Plan defines who may be characterized as direct and indirect victims, and lists relevant types of harm including physical and psychological injury and trauma, loss of education, and persisting personal and social difficulties resulting from the violent experiences witnessed and endured by the children.
The Plan includes a discussion of several recurrent issues that make the awarding of reparations for maximum justice very challenging:
- the finances available for remedying the harm are limited and the Plan recognizes that they will not extend to compensating all the victims,
- the fact that there is a gendered dimension to the harm done and that the reparations plan must recognise and address this in a way that ‘tackles and transforms gender inequalities’,
- the possible modalities and forms of the reparations proposed and the need to consult with the victims themselves, as to what would feel like appropriate compensation to them.
Paragraphs 68-70 broadly describe the types of reparation that the TVF decides will be fairest and most effective. Section B of the Plan (beginning p.25 of the PDF) offers a very interesting discussion of the importance of mitigating stigma and avoiding doing additional harm in the awarding and implementing of reparatory measures.