Miriam Cohen, « Repairing transgenerational harm in the Ongwen case before the International Criminal Court: The next frontier in reparative justice for international crimes », African Human Rights Law Journal, 2025(25), pp. 513-533.
Résumé en anglais:
The Ongwen case marks a turning point in international criminal justice in several respects. It presented an opportunity for the International Criminal Court (ICC) to clarify the concept of transgenerational harm and reassess the standard of evidence required to prove this type of harm. One of the novel and fundamental issues refers to repairing transgenerational harm. The concept of transgenerational harm is undertheorised in the international (criminal) law literature. It remains a novel question for the ICC), being first addressed in the Katanga case in 2017. The limited jurisprudence and scholarship on this matter place the ICC in uncharted territory, requiring it to decide on and develop a coherent and consistent understanding of reparative justice concerning transgenerational harm. This article focuses on transgenerational harm in the specific context of the Ongwen case, its reparation orders, and in light of the evolving jurisprudence of the ICC. As this is unlikely to be the last case where the Court is called upon to assess reparations for this kind of harm, the Ongwen case presents a unique opportunity to reflect on the implications of repairing transgenerational harm in relation to international crimes.