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Emphasising socio-economic narratives of truth, justice and reparations in The Prosecutor v. Dominic Ongwen

ABSTRACT
 The rights of victims at the International Criminal Court (‘ICC’ or ‘Court’) mirror their normative rights in international human rights law – victims’ rights to truth, justice, and reparations. However, the reality of victim participation is oftentimes formalistic, overlooking victims’ priorities. This is demonstrated by the lesser importance given to violations of social and economic (‘ES’) rights by the ICC, which are privileged by victims as being central to addressing their immediate needs, and are often a contributing factor to the root causes of conflict. This article suggests three ways in which the ICC can incorporate an ES rights perspective within its victims’ mandate, by reference to the case of The Prosecutor v. Dominic Ongwen. Firstly, the ICC must ensure a broad interpretation of truth where socio-economic causes and effects of conflict are considered as part of victims’ right to the truth in judicial pronouncements. Secondly, the Office of the Prosecutor must ensure that socio-economic violence is broadly reflected within the scope of the charges brought forward against an accused person/s where relevant. Lastly, the ICC Trust Fund for Victims must act with speed to ensure immediate assistance to victims and reparation orders must seek to dismantle pervasive systems of structural inequalities.