Victim participation at the International Criminal Court and its impact on procedural fairness

Author(s)McAsey, Bridie
Title Victim participation at the International Criminal Court and its impact on procedural fairness
Source Australian International Law Journal,2011, Vol. 18, pp105-125
Date 2011
Document type Journal article
Coverage International
Summary This article evaluates victim participation in the International Criminal Court (ICC) and the impact on procedural fairness. The jurisprudence for victim participation is examined, including the relevant provisions in the Rome Statute and the Rules of Procedure and Evidence and how they are applied. To address the criticisms that have been made about inconsistencies in approach by different chambers the author provides a snapshot of key decisions made by the various chambers regarding victim participation,. Specific issues and aspects of victim participation are explored, including the controversial decision in some chambers to allow victim participation at the investigation stage, and an examination of the modalities of participations such as victims leading evidence and the questioning of witnesses. The author identifies some significant issues arising out of victims participating at the ICC and the considerable impact that this might have on procedural fairness. It is also noted by the author that it is difficult to assess whether victim participation is meeting its aims of being useful to the victims themselves.
Keywords Victim participation; victims rights; criminal justice; ICC; International Criminal Court; procedural fairness
Topic Victims rights