Victim Participation in International Criminal Justice
Victim Participation in International Criminal Justice

Author: Kinga Tibori-Szabó

Publisher: Springer

Published: 2017-07-08

Total Pages: 484

ISBN-13: 9462651779

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This book is a guide to the law and practice of victims’ roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabó is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.

Procedural Justice?
Procedural Justice?

Author: Brianne McGonigle Leyh

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9781780680200

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Justice for Victims before the International Criminal Court
Justice for Victims before the International Criminal Court

Author: Luke Moffett

Publisher: Routledge

Published: 2014-06-27

Total Pages: 367

ISBN-13: 1317910818

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Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Victims of International Crimes: An Interdisciplinary Discourse
Victims of International Crimes: An Interdisciplinary Discourse

Author: Thorsten Bonacker

Publisher: Springer Science & Business Media

Published: 2013-07-09

Total Pages: 405

ISBN-13: 9067049123

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In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Victims Before the International Criminal Court
Victims Before the International Criminal Court

Author: Christoph Safferling

Publisher: Springer Nature

Published: 2021-09-16

Total Pages: 390

ISBN-13: 3030801772

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The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

Figuring Victims in International Criminal Justice
Figuring Victims in International Criminal Justice

Author: Maria Elander

Publisher: Routledge

Published: 2018-06-12

Total Pages: 196

ISBN-13: 0429492057

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Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.

Therapeutic Jurisprudence and Victim Participation in Justice
Therapeutic Jurisprudence and Victim Participation in Justice

Author: Edna Erez

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9781594609466

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This book employs principles of therapeutic jurisprudence (TJ) to examine how various countries approach victim participation in criminal justice proceedings. It collects papers from a conference in Onati, Spain, that was supported by a grant from the Transcoop Programme of the Alexander Von Humboldt Foundation to study the potential impact of TJ approaches on victims. The Onati conference broke important ground by addressing victim welfare and well-being during and after participation in criminal justice proceedings and brought scholars from different disciples and nations together to share their ideas. The resulting collection brings these ideas to a wider audience in the fields of law, legal studies, sociology, psychology and criminology/victimology. The contributors are recognized researchers in their home countries and the collection provides yet another critical and empirical research contribution from a TJ perspective. "Legal professionals lobbying for victim participation would like this book. . . . Achieve[s] the goal of presenting victims of crime as a topic for further research." -- International Criminal Justice Review "Researchers of law, criminology, victimology and related subjects, law students, practitioners, judges, victims and those interested in aiding victims with their professional expertise must read this book to understand the core value of therapeutic jurisprudence. Considering the price, the quality of the editorial work, the expertise, I believe that this book should not only be a "must possession" for individuals mentioned above, but it will also be the most sought after one for all academics as well law libraries, court libraries, police libraries." -- International Journal of Criminal Justice Sciences

Victim Participation Rights
Victim Participation Rights

Author: Kerstin Braun

Publisher: Springer

Published: 2019-02-14

Total Pages: 309

ISBN-13: 3030045463

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This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.

Justice for Victims of Crime
Justice for Victims of Crime

Author: Albin Dearing

Publisher: Springer

Published: 2017-02-06

Total Pages: 417

ISBN-13: 3319450484

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This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.

Victims, Atrocity and International Criminal Justice
Victims, Atrocity and International Criminal Justice

Author: Rachel Killean

Publisher: Routledge

Published: 2018-07-03

Total Pages: 238

ISBN-13: 1351733311

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While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.