Challenges to the Implemention of reperations Mechanisms victims of targeted killing in international criminal law (A Descriptive-Analytical Study)

Authors

  • Ali Fouad Ahmed Faculty of Law, Political Sciences and Administration, Soran University, Kurdistan region-Iraq
  • Sharee Khalid Marouf Nanakaly Faculty of Law, Political Sciences and Administration, Soran University, Kurdistan region-Iraq

DOI:

https://doi.org/10.66026/nyf6ay24

Keywords:

Challenges, Victim Compensation, Homicide, International Criminal Law, Law

Abstract

Despite the significant progress in the legal recognition of victims' right to reparations, the practical implementation of this right still faces multifaceted obstacles and challenges. The establishment of the International Criminal Court and the Trust Fund for Victims was a historic step, but these mechanisms operate within a framework of legal limitations, procedural complexities, a scarcity of financial resources, and a lack of necessary political will.

Challenges such as the 'principle of complementarity,' 'temporal jurisdiction,' the difficulty in assessing damages, budget provision issues, and the lack of full cooperation from states have created a significant gap between the promises of international justice and the reality in which victims live. Achieving reparations is not guaranteed merely by the existence of legal texts on paper; rather, it requires genuine international cooperation, strong political will, and a sustainable financial mechanism to turn justice for victims from words into action. The paper is divided according to the following scheme: Introduction: It presents the problem, objective and importance of the research. Theme 1: Legal, procedural and practical challenges: Branch 1: Legal challenges related to the jurisdiction of the court (complementary and provisional). Branch 2: Procedural challenges associated with the compensation process (damage assessment and victim identification). Branch 3: Practical and political challenges (victim safety and the role of the Security Council). Theme 2: Victim Trust Fund as a Compensation Mechanism: Branch 1: Establishment and Objectives of the Fund. Branch 2: Financial resources and obstacles to its work. Conclusion: It provides a summary of the main conclusions and a set of recommendations for improving the compensation system.

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Published

2026-06-30