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Victim-Oriented Measures at International Criminal Institutions: Participation and its Pitfalls

Victim-Oriented Measures at International Criminal Institutions: Participation and its Pitfalls International criminal courts were created to address issues of impunity for the gravest of crimes, and undoubtedly victims are meant to be the direct beneficiaries of the justice process. Traditionally, however, victims have not always featured prominently in international criminal trials. In response to this perceived oversight, victims have been provided broad rights at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the International Criminal Court (ICC). After addressing the theoretical underpinnings of criminal justice and the development of the procedural role of the victim in domestic criminal jurisdictions and international human rights discourse, this article will examine the rights of victims at the ECCC and ICC and explore what challenges arise when victims are afforded a greater role in the international criminal process. To structure the analysis, the framework will focus on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Victim-Oriented Measures at International Criminal Institutions: Participation and its Pitfalls

International Criminal Law Review , Volume 12 (3): 375 – Jan 1, 2012

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Publisher
Brill
Copyright
© 2012 by Koninklijke Brill N.V., Leiden, The Netherlands
Subject
Articles
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181212X648851
Publisher site
See Article on Publisher Site

Abstract

International criminal courts were created to address issues of impunity for the gravest of crimes, and undoubtedly victims are meant to be the direct beneficiaries of the justice process. Traditionally, however, victims have not always featured prominently in international criminal trials. In response to this perceived oversight, victims have been provided broad rights at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the International Criminal Court (ICC). After addressing the theoretical underpinnings of criminal justice and the development of the procedural role of the victim in domestic criminal jurisdictions and international human rights discourse, this article will examine the rights of victims at the ECCC and ICC and explore what challenges arise when victims are afforded a greater role in the international criminal process. To structure the analysis, the framework will focus on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards.

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2012

Keywords: international criminal proceedings; victim participation; fair trial rights

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