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Victim Participation at the International Criminal Court

Australian International Law Journal
Volume 16 (2009)

Abstract: This article discusses the system of victim participation established by the Rome Statute, the accompanying regulatory materials, and the judicial pronouncements of the International Criminal Court. It focuses primarily on the recent decisions of the Trial Chamber and the Appeals Chamber in the Lubanga case, which established broad parameters for victim participation. In examining the contentious issues addressed in those decisions, two themes emerge: first, the importance of shifting victims away from their previous position as 'passive objects' of international criminal law to a more active engagement in the process; and second, the necessity of ensuring a fair and efficient trial. This analysis sets out recommendations designed to reconcile these sometimes countervailing demands. The purpose of the analysis and recommendations is to encourage victim participation, while at the same time ensuring efficient and manageable trials that uphold the fundamental rights of the accused.

To cite this article: Gillett, Matthew. Victim Participation at the International Criminal Court [online]. Australian International Law Journal, Vol. 16, 2009: [29]-46. Availability: <http://search.informit.com.au/documentSummary;dn=562157724473914;res=IELHSS> ISSN: 1325-5029. [cited 27 May 16].

Personal Author: Gillett, Matthew; Source: Australian International Law Journal, Vol. 16, 2009: [29]-46 Document Type: Journal Article ISSN: 1325-5029 Subject: Criminal law; International law; Crimes against humanity; War crimes; International criminal courts; Rome Statute of the International Criminal Court (1998); Peer Reviewed: Yes

Database: Humanities & Social Sciences Collection