ABSTRACT
This chapter explores the expectations of participants as to the outcome of a reparations proceeding, and presents an important discussion about ensuring and balancing the rights of those persons subject to a reparations order. In a reparations proceeding following a conviction under international criminal law, an applicant for reparations will have a different set of expectations as to what is fair and what is unfair depending upon whether the applicant is a party to, or simply a participant in, the proceedings. In the context of an international crime, a victim will invariably endure a violation of his or her rights – whether they are rights of a personal, economic or material nature – which gives rise to a ‘civil claim’ in domestic law. In parallel with victims’ rights movements in domestic law, victims’ advocates have also been successful in the last few decades in developing and giving meaning to the right to reparations in international law.
