Title Page
LIFT OF ABRREVATION
ABSTRACT
Contents
CHAPTER I: INTRODUCTION 17
1.1. Limitation of Problems 17
1.2. Scope of Research 19
1.3. Purpose of Research 19
1.4. Benefits of Research 20
CHAPTER II: THE RELEVANT DOCTRINES AND THEORIES 21
2.1. Introduction of Reparation Definition and Theory of ICC 21
2.2. Understanding of ICC Reparation System 24
2.2.1. Understanding of ICC Structure 24
2.2.2. Legal Framework of ICC reparation system 28
2.3. Statute of International Criminal Court 32
2.3.1. Article 75: Reparation to Victims 33
2.2.2. Article79: Establishment and Operation of TFV 35
2.4. Rules of Evidence and Procedure (REP) 35
2.4.1. Article 85, 86: Victims' Definition 35
2.4.2. Article94-97: Procedures of Court on Reparation to Victims 37
2.4.3. Article98: Individual and Collective Awards of Trust Fund 40
2.5. Lubanga Reparation Decision and the Plan of Trust Fund 42
2.5.1. Lubanga Reparation Decision of ICC 42
2.5.2. Process of Reparation to Victims by Trust Fund for Victims 47
2.6. UN, European and Inter-American Court of Human Rights on Reparation to Victims 50
2.6.1. How to Define the Victim 50
2.6.2. State Cooperation and Categories of Reparation 51
CHAPTER III: The Contemporary Issues of Reparation to the Victims by ICC and TFV 56
3.1. Introduction of Trust Fund for Victims (TFV) 56
3.1.1. The Board of Directors 57
3.1.2. The Secretariat 58
3.1.3. Reparation and Assistance Programs 59
3.2. The Abstractness and Uncertainty of Definition of Victim in Terms of ICC 61
3.2.1. The Contemporary Definition of Harm of ICC 61
3.2.2. The Present Standard of Causation of ICC 63
3.3. The Vagueness and Instability of the Content and Standard of Priority 66
3.3.1. The Priority Groups of Victims 66
3.3.2. Content of Reparation Priorities 68
3.4. Model of the Awarding Reparation 73
3.4.1. ICC's Reparation Decision and Trust Fund's Performance 73
3.4.2. Basic Principle of ICC and Reparation Program of TFV on ICC's Name 75
3.5. Fairness between the Participation Victims and Non Participation Victims in Reparation Formulation and Implementation 77
3.5.1. Limited and Inefficient Access to ICC and TFV for Victims 78
3.5.2. Limited Financial Resources of TFV 82
3.6. Conclusion of the Contemporary Issues 84
CHAPTER IV: Settlement of the Contemporary Issues 87
4.1. Construction of Victim Referring to the UN-Principles& Experience from USA, European countries and International Criminal Tribunals 87
4.1.1. Definition of Victims under ICC 87
4.1.2. Open-Type Definition of Harm 89
4.1.3. The Limited Standard of Causality in Two Steps 93
4.2. Priority Victims 105
4.2.1. Standard of the Situation of Vulnerability or Urgent Need 106
4.2.2. The Prioritized Rights of the Priority Victims 110
4.3. Modification of Judicial Efficiency of Reparation Decision Making Referred to Lubanga Case 117
4.3.1. Modification to the Appeal Procedure Referred to the Related Situation of Lubanga Case 118
4.3.2. Time Reduction of the Review Procedure by Trial Chamber II 123
4.4. Cooperation with States and Entities on Financial Resources and Human Resources 128
4.4.1. Cooperation with Partners of TFV on Financial Matters 129
4.4.2. Cooperation with Partners of TFV on Dissemination, Implementation and Information Feedback of Reparation 133
CHAPTER V: Proposal 139
5.1. General Proposals to Issues from Reparation Decision to Implementation 139
5.2. Proposals to the Definition's Uncertainty and Vagueness of Victims 142
5.3. Proposal to the Standards of Priority Victims and their Rights 145
5.4. Proposal to the Time Reduction of Review Phase by Appeal Chamber and Trial Chamber II 145
5.5. Proposal to the Financial Matters of TFV and Cooperation of TFV and Implementation Partners 146
CHAPTER VI: Conclusion 149
REFERENCE 158