Thomas Lubanga Dyilo Case: The ‗Left-Out‘ Victims for Reparation in International Criminal Law

Nur Amani, Pauzai and Khairun-Nisaa, Asari and Farhanim, Abdullah Asuhaimi (2017) Thomas Lubanga Dyilo Case: The ‗Left-Out‘ Victims for Reparation in International Criminal Law. In: International Conference on Syariah and Globalisation 2017, 4 May 2017, Universiti Muhammadiyah Yogyakarta.

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Abstract

The decision of the International Criminal Court (ICC) for the case of The Prosecutor v. Thomas Lubanga Dyilo (ICC-01/04-01/06) had brought new principle to the world especially with regard to the reparation for the victims. But the case still left the rooms for debate as it do not discuss the right of the victims which the offences which had been done against them was not charges upon the offender. Those victims will be expressed as disremembered victim in this paper. This paper will express this matter using traditional legal method that mainly based on the library search. The data will be gathered from the legal documents such as international conventions, statutes, reported cases, legal journals, articles and relevant text books. By examining the relevant laws and provisions, this paper will discuss the right of the victims of an international crime to reparation and the liability of the proprietor to repay them. It also will analyse the rights of the disremembered victims to the reparation even though the proprietor does not been charge for the crimes which had been commit against them.

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