Volume II, s.6 International Criminal Proceedings, Ch.32 The Status and Role of the Victim
Claude Jorda, Jérôme Hemptinne
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
- International criminal law, victims — Prosecutors — Witnesses — International courts and tribunals, procedure — Jurisdiction
The Statutes of the Tribunals for the former Yugoslavia and Rwanda overlook victims in two respects: victims cannot take part in a personal capacity in the criminal proceedings and are not entitled to obtain compensation for the harm they suffered. The first of those prerogatives is vested exclusively in the Prosecutor, who is deemed, throughout the course of the proceedings, to represent the interests of the international community—including, therefore, those of the victims—whilst the second falls mainly within the jurisdiction of domestic courts. This conception...