International Criminal Court: Trust Fund for Victims (Rome Statute Article 79)

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The Trust Fund for Victims (“TFV”) implements reparations when the ICC orders an award and is significant in recognizing the importance of reparations in achieving justice for victims. Under Article 79 of the Rome Statute, the ICC may order that money collected through fines or forfeiture are transferred to the TFV and used to benefit victims of crimes and their families. Pursuant to Rule 85 of the Rules of Evidence and Procedure, victims include both (i) individuals who have suffered harm as a result of the commission of a crime within the ICC’s jurisdiction, and (ii) organizations and institutions that have suffered harm to their property. Due to the large number of individuals that generally are victims of the crimes prosecuted by the ICC, the TFV is better placed than the ICC to effectively support such victims. In fact, the TVF can deal with victims beyond those participating in the ICC proceedings, can consult with victims, and can use voluntary contributions to assist victims. For instance, the TVF is providing support in northern Uganda and DRC by supporting gender-specific projects, such as reproductive health services, schools for girls, trauma-based counselling, and reconstructive surgery.



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