Compensation for victims of chemical warfare in Iraq and Iran through domestic criminal and civil proceedings in the Netherlands
Reparation for victims of genocide, war crimes and crimes against humanity : systems in place and systems in the making
Leiden : Brill Nijhoff, 2020
Although the victims' claims were dismissed in the criminal case against Van Anraat, the case offers interesting reflections about the obstacles faced in obtaining compensation for violations of international humanitarian law in domestic criminal proceedings. The author discusses several aspects of the case: the establishment of the facts, mass nature of the victims' claims, and determination of the damages. Many difficulties faced by the Dutch criminal court in Van Anraat are similar to those faced in international criminal proceedings, as illustrated by the practice of International Criminal Court (ICC). This international court may award reparations for the benefit of victims of the acts of a convinced person. While the procedure for victim's reparations before the ICC cannot be described as a tort action but rather as an action sui generis, the principle of reparations laid down in the ICC Statute has been derived from national criminal law systems. In civil law jurisdictions such as France, Germany, and The Netherlands, victims can join in the criminal proceedings and raise compensation claims for violations of international humanitarian law - the Van Anraat case in The Netherlands is such an example. As the author demonstrates, both national and international criminal courts struggle in securing a fulfilling position for victims of international crimes.
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