Victim Participation at the International Criminal Court : A Triumph of Hope Over Experience?

2014 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Victim Participation

Developments at the International Criminal Court

2012 ◽  
Vol 11 (2) ◽  
pp. 365-448
Author(s):  
Julieta Solano McCausland ◽  
Enrique Carnero Rojo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Central African Republic ◽  
International Criminal ◽  
Democratic Republic ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Republic Of The Congo ◽  
Victim Participation

Abstract This column covers the activity of the International Criminal Court during the last third of 2010 through mid-May 2011. The Court has continued investigating situations in five countries (the Democratic Republic of the Congo, Uganda, Sudan, the Central African Republic and Kenya) and opened a new investigation following a referral by the United Nations Security Council (Libya). The judicial activity of the Court continued with four accused persons undergoing trial, two more waiting for their trial to start, and six more awaiting the confirmation of charges hearing. The Chambers of the Court continued to develop the rules applicable to pre-trial and trial proceedings. In the period covered by this column they confirmed the law on the admissibility of a case, ruled on the proceedings concerning the first challenge by a State to the admissibility of a case and on stay of proceedings, and brought consistency on the issue of victim participation across cases.

Developments at the International Criminal Court

2011 ◽  
Vol 10 (3) ◽  
pp. 429-506 ◽  
Author(s):  
Julieta Solano McCausland ◽  
Enrique Carnero Rojo
Keyword(s):  
International Criminal Court ◽  
Central African Republic ◽  
International Criminal ◽  
Democratic Republic ◽  
Criminal Court ◽  
The Third ◽  
Republic Of The Congo ◽  
Victim Participation

Abstract This column covers the activity of the International Criminal Court during the second third of 2010. The Court has continued investigating situations in five countries (the Democratic Republic of the Congo, Uganda, Sudan, the Central African Republic and Kenya) and has started one new case. The judicial activity of the Court has remained stable, with three accused persons undergoing trial and one more waiting for his trial to start. Several Chambers have continued to develop the rules applicable to pre-trial and trial proceedings, confirming their previous decisions, including on the issue of victim participation during the trial. Moreover, the Court has adopted its first decision charging a suspect with allegations of genocide and has ruled on the admissibility of the third of its cases to proceed to trial. All in all, during the period of time covered in this column, the Court has continued the conduct of its investigations and trials.

The Contribution of Female Judges to the Victim Jurisprudence of the International Criminal Court

2020 ◽  
pp. 366-388
Author(s):  
Juan-Pablo Pérez-León-Acevedo
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Judicial Activism ◽  
International Human Rights ◽  
International Human ◽  
Victim Participation

This chapter argues that female judges at the International Criminal Court (ICC) have made significant meaningful contributions to the ICC jurisprudence on victim matters. They have interpreted and applied the ICC legal framework on victims, have fleshed out the contours and scope of normative provisions, and have faced substantive and procedural issues on victim-witness protection, victim participation and reparations at the ICC. This chapter uses international human rights as a standard to assess the legitimacy of ICC jurisprudence. The jurisprudence on defence rights has largely sought to strike a balance between defence and victim rights. However, some jurisprudence on victims (partially) construed by female judges prompts questions on whether respect for defence rights or other ICC goals may have been compromised. It is argued that all ICC judges, including female judges, should take distance from excessive pro-victim judicial activism to fully respect defence rights, and avoid victim frustration.

Victim Participation at the International Criminal Court: Examining the First Decade of Investigative and Pre-Trial Proceedings

2015 ◽  
Vol 15 (2) ◽  
pp. 298-338 ◽  
Author(s):  
Benjamin Perrin
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Complex Relationship ◽  
Administrative Process ◽  
Legal Outcomes ◽  
Potential Impact ◽  
Victim Participation

This article examines the first decade of victim participation during investigative and pre-trial proceedings at the International Criminal Court (icc) to better understand how victims are participating in practice and the potential impact of their involvement. The icc has adopted numerous measures to streamline victim participation, evolving it into a largely administrative process with judicial oversight. While the literature has feared that victim participation could undermine the rights of the defence, such concerns have arisen infrequently in practice at the investigative and pre-trial phases. Rather, the need for expeditious and efficient proceedings has been a prominent factor. A complex relationship has also developed between victims and the prosecutor where they have been both allied and at odds, depending on the nature of the proceedings. Victims, however, appear to have had an impact on the legal outcomes in only a handful of decisions.

Why Retain Membership of the International Criminal Court?

2018 ◽  
Vol 15 (2) ◽  
pp. 364-387
Author(s):  
Juan-Pablo Perez-Leon-Acevedo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
Human Rights Law ◽  
International Criminal Tribunals ◽  
Victim Participation ◽  
First Time

Among international criminal tribunals (‘icts’), the International Criminal Court (‘icc’) for the first time introduced victim participation and reparations for victims. Against potential African withdrawals from the icc Statute, this article seeks to demonstrate the need to retain membership of the icc under victim-oriented considerations. Despite its deficits and limitations, the icc is arguably an important judicial forum for victims of mass atrocities committed in Africa for three arguments. First, human rights are invoked as a standard to examine the legitimacy of the decisions of the icc, African Union (‘au’), and African states. Second, international and African regional human rights law on victim rights binds African states. Third, since au regional criminal justice initiatives present important deficits and limitations in terms of victim rights, they are unfit to replace the icc.

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