www.kenyalaw.org
The International Crimes Act, 2008
delivered in open court.
Article 75
Reparations to victims
1. The Court shall establish principles relating to reparations to, or in
respect of, victims, including restitution, compensation and rehabilitation.
On this basis, in its decision the Court may, either upon request or on its
own motion in exceptional circumstances, determine the scope and extent
of any damage, loss and injury to, or in respect of, victims and will state
the principles on which it is acting.
2. The Court may make an order directly against a convicted person
specifying appropriate reparations to, or in respect of, victims, including
restitution, compensation and rehabilitation.
Where appropriate, the Court may order that the award for reparations be
made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and
shall take account of representations from or on behalf of the convicted
person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person
is convicted of a crime within the jurisdiction of the Court, determine
whether, in order to give effect to an order which it may make under this
article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the
provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the rights of
victims under national or international law.
Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the
appropriate sentence to be imposed and shall take into account the
evidence presented and submissions made during the trial that are relevant
to the sentence.
2. Except where article 65 applies and before the completion of the trial,
the Trial Chamber may on its own motion and shall, at the request of the
Prosecutor or the accused, hold a further hearing to hear any additional
evidence or submissions relevant to the sentence, in accordance with the
Rules of Procedure and Evidence.
158
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات