Source: (2007) Florida State University Journal of Transnational Law & Policy. 17(1):85-120.
This Note will analyze the role of the victims in the Confirma-tion of charges Hearing in the case of The Prosecutor v. Thomas Lubanga Dyilo and examine whether their participation served to fulfill the restorative justice aim of healing the victims by giving voice to their suffering. Their role as a third party to the proceed-ings will be explored in terms of the rights and restrictions placed upon the victims by the Rome Statute and the ICC Rules of Evi-dence. This Note will argue that the extent to which the Pre-Trial Chamber allowed victims to participate in this hearing illustrated the ICCâ€™s recognition of restorative justice through public expres-sion and acknowledgment of the victimsâ€™ suffering. In addition, it will show how the ICC has attempted to create a balance between restorative justice aims and purely retributive proceedings which focus solely on the individual wrongs of the offender. This Note will explore the incorporation of group reparation payments into the ICC as well as the Courtâ€™s efforts to maintain the procedural rights of the defendant. (excerpt)
Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.Donate Now