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The Standing of Victims in the Procedural Design of the International Criminal Court

The Standing of Victims in the Procedural Design of the International Criminal Court

Author: Tatiana Bachvarova
Publisher: Brill Nijhoff
ISBN: 9789004338609
Published In: June 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation nor seeks to extend it beyond the contours determined by the founders of the ICC.

The author contributes to the existing debate in academia and in practice by delineating the core, most complex and contentious matters ensuing from the role assigned to victims. The scrupulously selected issues unveil and blueprint the essential characteristics that delimit the standing of victims as independent actors in the ICC’s arena, distinct from the parties and other non-party participants. As an integral part of the ICC’s synergy, victims converge and interact with its other components. Therefore, the position and role of victims are contemplated in the context of the Court’s procedural mechanism and the mission pursued by the parties and the Chamber.

The philosophy underpinning the ICC’s design and the standing of victims therein also requires analysis from a wider perspective. Accordingly, the volume draws an in-depth parallel with relevant developments and trends at the international and domestic level. Close attention is paid to the legal instruments and jurisprudence of international(ized) criminal justice bodies, human rights institutions and non-criminal jurisdictions to the extent useful for shedding further light on the issues at hand. Recourse is also made to various national systems, whenever relevant.

Foreword

William Schabas

Foreword

Georghios M. Pikis/i>

Acknowledgements

Introduction

Victims’ Eligibility under Rule 85

The Victim Definition and the Presumption of Innocence

Application of Rule 85

The First Criterion: Natural Persons and Legal Entities

Natural Persons

Legal Persons

The Second Criterion: Harm

Definition of Harm

Types of Harm

Harm Sustained by Legal Persons

The Third Criterion: Jurisdiction

The Fourth Criterion: Causal Link

Classification of Victims’ Rights

General and Specific Rights

Rights of Uniform Applicability and Case-dependent Rights

Express and Implied Rights

Imperative and Non-imperative Rights

Conditional and Non-conditional Rights

Passive and Active Rights

Rights of a Mixed Character

Positive and Negative Rights

Rights Employed in Person

Rights Exercised in Person and through Another

Rights Effectuated Exclusively through Another

Any-victim Rights and Group-specific Rights

Service Rights and Procedural Rights

Exclusive and Non-exclusive Rights

Rights Falling within Several Classifications

Purpose and Quintessence of Article 68(3)

Article 68(3) Participation Scheme and Existing Models of Victims’ Intervention

icc’s Participatory Scheme and Intervention of Interested Persons in Ongoing Litigation

Genesis and Overall Rationale of Article 68(3)

‘Personal Interests’ Requirement

The Requirement ‘Are Affected’

The ‘Appropriateness’ Criterion

Manner of Participation

Views and Concerns

Duality of Victim-Witness Status

Duality of Status at the Domestic Level

Duality of Status at the International Level

Duality of Status in the Context of Trials of Mass Atrocities

Acquiring Duality of Status

Applications for Participation and Written Statements

Disclosure-Related Issues

Access to Victims’ Applications for Participation

Disclosure of Applications of Dual Status Individuals

Views and Concerns as Compared to Testimony

Admissibility and Probative Value of the Testimony of Dual Status Individuals

Impact of Information from Dual Status Individuals on Their Victim Standing and Trustworthiness

Withdrawal of Victim Standing before Other Adjudicative Bodies. Consequences and Possible Remedies

Practical Matters Occasioned by the Participation of Dual Status Individuals

Role of the Registry in the Protection of Dual Status Individuals

Exchange of Information Concerning Dual Status Individuals

Contact between Dual Status Individuals, the Parties and Other Participants

icc’s Evidentiary Procedure and Victims’ Role Therein

The Role of the Parties in the Processing of Evidence on the Merits of the Criminal Case

The Role of the Chamber in the Fact-finding Mechanism

Victims’ Role in the Fact-finding Process on the Merits of the Criminal Case

The Essence of Reparation Proceedings in a Nutshell and Victims’ Role in Related Evidence Gathering

Concluding Remarks

Index

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