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

Daley J. Birkett*

*Corresponding author for this work

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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.

Original languageEnglish
Pages (from-to)151-161
Number of pages11
JournalJournal of African Law
Volume63
Issue number2
Early online date24 Jun 2019
DOIs
Publication statusPublished - Jun 2019
Externally publishedYes

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