Czech Yearbook Vol. 4 2013

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AGATA FOKSA CYIL 4 ȍ2013Ȏ
educational campaigns which have as their object the reduction of the stigmatization
and marginalization of the victims.42 One should bear in mind the example of
Kosovo, where the intervention of international institutions has deprived domestic
courts and the police forces of their talent and experience, and, as a result, left a weak,
corrupted and crippled country without properly functioning enforcement and judicial
proceedings.43 Moreover, it is impossible to objectively say that there exist functioning
civil structures and judicial organs which are able to administer the disbursement of
funds on a large scale.44 Once the money is allocated to the victims, there are very few
or even no guarantees ensuring that the financial aid will be used for rebuilding the
victimized communities. It is important to note that, whereas money can be awarded
for lost property or the death of a family member, in order for reparations to be of
value, properly functioning community structures are essential.45 For instance, the
interim relief payments from the South African Truth and Reconciliation Commission
Committee on Rehabilitation and Reparation could not be effective without efficient
community rehabilitation programs.46 Therefore, since there has been almost no
discussion yet on how the Trust Fund for Victims will allocate the money, it is crucial
that it will ensure that the process of reparations and rehabilitation would activate the
community based structures in the DRC. While discussing the problem of community
reconciliation, one cannot forget about effective outreach, which is a process of
communication between the Court and the affected community aimed at giving an
adequate and thorough explanation of what the Court is involved in regarding the
particular case, what the process of reparation is about, what the idea behind it is, and
who is entitled to the financial aid. It is important for the community members to have
knowledge and a proper understanding of the actions of the Court, as well as to be able
to communicate their concerns and hopes in relation to the process.
Another issue which requires some more attention due to its vagueness and
inconsistency is that of victim participation. Under Article 68(3) RS victims are
allowed to participate ‘at stages of the proceedings determined to be appropriate’
when their ‘personal interests […] are affected’.47 Rule 85 of RoPE together with the
four-tiered test used for the first time in relation to the situation in the Democratic
Republic of Congo and later adopted by the Chambers give a clear framework as
to who can participate in the proceedings. However, there are still some challenges
which need to be discussed. Firstly, there is a question of how to enable access to the
proceedings with regard to logistical and geographical obstacles, lack of experience
in judicial proceedings, as well as time constraints to appear before the Court. In the
Lubanga case, 15 victims who applied in early 2010 were granted participation status
42 ICC-01/04-01/06, para. 239.
43 Peter G. Fischer, The Victims’ Trust Fund of the International Criminal Court- Formation of a Functional
Reparations Scheme, Emory International Law Review, Spring 2003, p. 228.
44 ibid.
45 < last visited 14th of March 2013 1100.
46 ibid.
47 Rome Statute of the International Criminal Court, UN Doc. A/CONF.183/9 (1998), Article 68(3).