Victims should remain entitled to pursue reparations through other legal avenues, if otherwise not explicitly indicated. Claims for compensation under relevant civil, criminal or administrative procedures should not be subject to statutes of limitation.
All victims should be allowed access to reparations. For the purpose of accessing benefits provided in the reparation program, the immediate family or dependents (this term shall include at least: parents, grandparents, siblings, spouses, children) of victims who are deceased or missing (the so-called indirect victims) should be considered victims as well. Children recruited to armed groups will be considered eligible.
Victim´s Participation in the Process of Deliberating, Designing and Implementing Reparation Programme
Involve CSOs and especially victims’ and women associations representing affected communities in the process of discussing, designing and implementing an appropriate and realistic reparations scheme(s).
Grant victims different benefits tailored to the type and duration of violation, degree and consequences of harm suffered and other relevant factors.
We consider the following groups most vulnerably and thus in need of being prioritized in the course of devising and implementing reparation measures.
Those inherently more vulnerable than others
Those against whom especially severe crimes and/or multiple crimes with grave consequences were committed
Cover, at the very least, the period of ISIS conflict in Iraq, i.e. period from 09. 06. 2014 until 09.12. 2017 when ISIS effectively controlled part of Iraqi territory. Gross human rights violations committed by ISIS from the beginning of 2014 that served as precursors to atrocity crimes committed after 09.06 2014 should also be included. Those individuals taken captive in the indicated period and released after 2017 or still not released ought to be recognized as victims as well.
Monetary compensation, however necessary, cannot be viewed as the only means for repairing the wrong done to the victims. Therefore, prospective reparation program(s) should, in addition to pecuniary redress and monetary quantifiable benefits, include moral or symbolic reparations.
Include all Forms of Redress i.e. Reparation Measures Falling Under the Following Heads:
Undertake measures with the principal aim of restoring the victim, as far as possible, to a position occupied before the violations of international human rights or humanitarian law occurred. These measures should include but are not limited to:
Compensate victims for any economically assessable harm caused by violations of human rights and humanitarian law including physical and mental harm, lost opportunities, material damages, loss of earnings (including the loss of earning potential and moral damages) to the maximum of available resources. The amount of compensation should reflect the gravity of violations.
The designated sum is to be allocated primarily through a pension scheme. Depending on specificities of cases at hand other methods of compensating victims such as providing micro-financing opportunities and granting one-time lump sum should be made use of, taken alone or in combination.
Provide a range of rehabilitation services to victims and, if required, their family members, meeting relevant quality standards and within physical proximity to those areas where victims reside. These services should go beyond medical and psychological care to encompass at least:
Offer a range of non-monetary or symbolic measures specifically designed to afford satisfaction to the victims such as:
Undertake a range of measures aimed at making sure that similar crimes will not happen again such as:
Be the principal sponsor of the national reparation program.
International actors should be encouraged to contribute to the reparation effort of Iraq either by making monetary or in-kind donations, rearranging Iraq’s foreign debt or through other modalities.
Considering high numbers of foreign ISIS fighters who played a significant role in atrocities committed against the peoples of Iraq, countries which these fighters are citizens of are encouraged to assume moral obligation for remedying harm done to victims and support financing of reparation programs in Iraq.
Ensure that standard of evidence used for determining eligibility of victims for reparation programs is not demanding and thus does not put unreasonable burden on the victims. In principle, sworn statements attesting the truthfulness of described events should be considered sufficient. For gross human rights violations mental harm should be presumed.
Make use of existing documentation of gross human rights violations carried out by governmental and non-governmental actors for assessing claims for reparations before undertaking further documentation of any kind.