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19 - Reparation and Rehabilitation

from Part IV - Enforcement Regimes for the Protection of Animals in Wartime

Published online by Cambridge University Press:  06 October 2022

By
Marina Lostal
Edited by
Anne Peters ,
Jérôme de Hemptinne  and
Robert Kolb
Anne Peters
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Jérôme de Hemptinne
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Kolb
Affiliation:
Université de Genève
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Summary

The International Criminal Court’s regulatory framework is completely silent on the treatment of animals despite the fact that they have figured in every single one of its reparations proceedings. As a consequence, the International Criminal Court has been relegating animals to mere objects that can be used to repair the harm of human victims. Moreover, the court has been oblivious to the suffering of animals as a result of the commission of crimes within its jurisdiction. This chapter discusses the (improbable) scenarios where animals could indirectly benefit from reparations. It submits that the International Criminal Court should revisit the treatment of animals as mere objects.

Keywords

animals as victims of international crimesInternational Criminal Courtcrimes against the environmentreparation measuresrehabilitation measureswelfare standards
Type
Chapter
Information
Animals in the International Law of Armed Conflict , pp. 334 - 347
Publisher: Cambridge University Press
Print publication year: 2022

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References

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Brels, Sabine, Le droit de bien-être animal dans le monde: Évolution et universalisation (Paris: L’Harmattan 2017).Google Scholar
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Lostal, Marina, ‘De-objectifying Animals: Could they Qualify as Victims before the International Criminal Court?’, Journal of International Criminal Justice 19/3 (2021), 583–610.Google Scholar
McCarthy, Conor, Reparations and Victim Support in the International Criminal Court (Cambridge: Cambridge University Press 2012).Google Scholar
Moffett, Luke, Justice for Victims before the International Criminal Court (Abingdon: Routledge 2014).CrossRefGoogle Scholar
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