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The Law and Practice of the International Criminal Court edited by Stahn, Carsten (1st May 2015)

Part V Fairness and Expeditiousness of ICC Proceedings, 45 Victim Participation Revisited—What the ICC is Learning about Itself

Sergey Vasiliev

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 10 April 2020

Subject(s):
International crimes — NGOs (Non-Governmental Organizations) — Evidence — Admissibility of evidence — International criminal law, victims — Legal representation, right to

The Chapter examines key turns in ICC jurisprudence in the area of victim participation. The model of victim participation under the Statute poses challenges in terms of effectiveness and sustainability, and victim participation has also emerged as a governance issue and a matter of concern for the ASP. This Chapter analyses hurdles faced by the Court in implementing victim participation (e.g. application, participation at trial, and representation). It argues that the Court deserves praise for developing creative solutions to balance ‘meaningful’ and ‘sustainable’ participation, and claims that the ICC should rediscover itself as a retributive court and free itself from the ‘restorative complex’. Meaningful participation essentially means one aligned with the Court’s core mandate and functions of criminal process (i.e. the determination of truth) and requires emphasis on collective forms of application, participation, and representation.

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