The Participation of Victims in International Criminal Proceedings: An Expressivist Justice Model

Author: Alessandra Cuppini
Publisher: Routledge
ISBN: 9781032104553
Published In: September 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings.

Traditional criminal justice theories have tended to marginalize the role afforded to victims, while informing the criminal procedures utilized by international criminal courts. As a result, giving content to, shaping and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims’ participatory rights from the perspective of international human rights law, victimology and the philosophical foundation of international criminal justice.

The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international criminal justice, international human rights law, transitional justice and conflict studies.

1. Introduction

2. Victims’ Status under Theories of Criminal Justice: A Critical Perspective

3. Arguments for a Change of Paradigm in International Criminal Justice: Shortcomings of the Retributive, Utilitarian and Restorative Models of Justice

4. Expressivism: A Philosophical Foundation of International Criminal Justice

5. The expressivist Dimension of Victims’

Participation in International Criminal Proceedings: Harmonising the Adversarial and Inquisitorial Systems

6. A Lesson from the Regional Huamn Rights Courts: The Expressivist Underpinning of Victims’ Right to Participate in Criminal Proceedings

7. Victims before the Nuremberg IMT, the ICTY and the ICTR: An Expressivist Deficit

8. Expressivism and the Participatory Rights of Victims before the ICC

9. Conclusion

Index