Katanga case: Trial Chamber II dismisses the reparations applications for transgenerational harm
Today, 19 July 2018, Trial Chamber II of the International Criminal Court (ICC) issued its decision on transgenerational harm – i.e. harm passed from parent to child – as alleged by five applicants for reparations in the case of The Prosecutor v. Germain Katanga, after the matter was referred to it by a judgment of the ICC Appeals Chamber. Trial Chamber II dismissed the requests for reparations made by these applicants.
Trial Chamber II examined the observations of the Legal representative of the applicants concerned and those of the Defence. In this regard, it took note of the progress of scientific studies on the transgenerational transmission of trauma and, in particular, of two theories – epigenetic transmission, which is biological, and social transmission, which is learned. The Chamber then examined the requests for reparations basing itself on the legal principle according to which a clear causal nexus is needed between a criminal act and the alleged harm. In this context, the Chamber also noted that the chain of causation between an act and the result of that act can be interrupted when an event occurs after the commission of the initial act and contributes to the suffering of the people concerned.
After having analysed each of the applications, the Chamber dismissed them, finding that the applicants concerned had not established to the requisite standard of proof the causal nexus between the psychological harm they had personally suffered and the crimes of which Mr Katanga was convicted.
Background: On 7 March 2014, Mr Katanga was found guilty, as an accessory, on one count of a crime against humanity (murder) and four counts of war crimes (murder, attack against a civilian population, destruction of property and pillaging) committed during the Bogoro attack of 24 February 2003. On 23 May 2014, he was sentenced to 12 years' imprisonment. His sentence was subsequently reduced, and he completed it on 18 January 2016.
On 24 March 2017, Trial Chamber II issued the Order for Reparations, setting the amount for which Mr Katanga is liable at USD 1 million, in accordance with article 75 of the Statute. The Chamber also ordered that reparations be awarded to 297 victims identified in the form of a symbolic award of USD 250 per victim and the following four types of collective reparations: (1) support for housing; (2) support for education; (3) support for income-generating activity; and (4) psychological support. The Trial Chamber tasked the Trust Fund for Victims with the implementation of the individual and collective reparations contained in the Order for Reparations.
Appeals against the Order for Reparations were lodged by Mr Katanga, the legal representative of victims and the Office of Public Counsel for Victims. On 8 March 2018, the Appeals Chamber confirmed in large part the Order for Reparations. However, regarding the appeal lodged by the legal representative of the five victims applying for reparations on the basis of transgenerational harm – suffered in connection with what their parents experienced during the attack – the Appeals Chamber decided to refer the matter to the Trial Chamber. The Trial Chamber was called on (a) to re-assess the causal nexus between the crimes of which Mr Katanga was convicted and the psychological harm caused, and (b) to determine whether the victims in question should be awarded reparations.
For further information on the case, click here.
For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: [email protected]
You can also follow the Court's activities on Twitter, Facebook, Tumblr, YouTube and Flickr