This case concerned the war crimes of enlisting and conscripting children in DRC. Under Article 75 of the Rome Statute, in determining reparations (including restitution, compensation and rehabilitation), the ICC should consider the scope and extent of any damage and the harm caused to the victims. The Prosecutor encourages a gender-inclusive approach, promoting reparations that contribute to advance gender equality. In Lubanga the ICC advanced this approach by emphasising that the court should consider the needs of victims of sexual or gender-based violence and prioritize vulnerable victims (especially when plastic surgery or HIV treatments are necessary) and severely traumatized children. The ICC should also grant reparations without discrimination on grounds of “gender, age, race, colour, language, religion or belief, political or other opinion, sexual orientation, national, ethnic or social origin, wealth, birth or other status.” In fact, reparations should address any underlying injustices and avoid replicating discriminatory practices and the further stigmatisation of victims.
The Prosecutor v. Thomas Lubanga Dyilo