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Victims Participation At The International Criminal Court: Issues And Concerns (2016)

Ref: law0017

Article 68 (3) of the Rome Statute recognizes victims’ participatory rights in the ICC proceedings. It allows victims to participate in the ICC proceedings at appropriate stages as long as its not prejudicial to the rights of the accused person and fair trial. Its not an absolute right. its interpretation has been left to the court chambers due to the vagueness of Article 68 (3) of the Rome Statute. While the ICC has been celebrated for introducing victims participatory regime and granting victims the opportunity to air their views and concerns, there exist some issues and concerns on the meaningful participation of victims. Those skeptic of victims’ participatory regime argue that its symbolic and illusionary. Granting victims extensive participatory rights waters down the rights of the accused person to a fair trial. The application process is also argued to be cumbersome and tedios leading to unnecessary delays. Supporters of the victims’ participation on the other hand recognize the challenges that the system faces, but argue that it has given victims the platform to air their views and concerns. They call for ICC organs to review and strengthen the system. Some of the issues and concerns raised include the interpretation of the scope of victims participation, review of the application system, victims’ legal representation, balancing the participatory regime with righst of the accused person. This research disects into the issues and concerns raised on the realization of victims’ participatory rights at the ICC.

The main objective of this study is to identify the key issues and concerns raised on victims’ participation at ICC. This study will focus on five specific objectives;
  • Identify and analyse the scope of victims’ participation at ICC
  • Establish loopholes that exist in the participation process
  • Establish the new mechanisms that the Court has establsihed in order to address the issues and concerns raised
  • Determine whether victim participation is merely symbolic and illusionary
  • Formulate recommendations that will address the issues and concerns facing the realization of victims’ participation at ICC

  • 22,000 words – 74 pages in length
  • Excellent use of literature
  • Excellent analysis of subject area
  • Well written throughout
  • Ideal for international law students 


1 - Introduction
Background to the Study
Problem Statement
Justification of the Study
Research Objectives
Main Objective
Specific Objectives
Research Questions
Research Hypothesis
Theoretical Framework
Literature Review
Scope and Limitation
Research and Methodology
Chapter Breakdown

2 - Philosophical Foundations of Victims Participation in International Criminal Justice System
Theoretical Underpinnings and Historical Development of Victims’ Participatory Rights in International Criminal Justice System
Nuremberg and Tokyo Tribunals
The International Criminal Tribunal for Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)
The International Criminal Court (ICC)

3 - Victims Participation in the ICC Criminal Proceedings: An Overview of Article 68 (3) of the Rome Statute
Victims’ Participatory Rights at the ICC Proceedings
Criteria for Determining a Victim
Tests as to Identity of Victim
Crimes within the Jurisdiction of the Court
Harm Suffered
Causal Link of Between the Harm Suffered and Alleged Crime
Participatory Stages

4 - Meaningful and Effective Victims Participation at the ICC Proceedings: Issues and Concerns
Scope of Victim Participation at the ICC
Application Process
The Rights of the Accused and Fair Trial
Victim Legal Representation (VLR)
Is Victim Participation Meaningful?

5 - Conclusions and Recommendations
General Conclusions
Recommendations

Bibliography


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