Bridging the divides in international criminal proceedings: an examination into the victim participation endeavor of the International Criminal Court.

Source: (2009) Florida Journal of International Law. 21:93-152.

The position of victims in international criminal proceedings has
evolved considerably since the creation of the ad hoc tribunals in the early
1990s. No longer relegated to the role of witnesses, victims before the
International Criminal Court (ICC) may actively participate in Court
proceedings provided that their participation does not infringe upon the
rights of the accused. This Article seeks to examine how the victim
participation endeavor is transforming international criminal procedures
at the ICC and what effect this transformation has on the rights and roles
of parties and participants. Accordingly, it explores two great divides
facing the Court: one between traditional and modem criminal justice
theories and another between adversarial and inquisitorial procedural
traditions, and then examines the current status of victim participation both
in theory and in practice during the pre-trial and trial stage. Subsequently,
the Article analyzes how the Court has attempted to reconcile these two divides by highlighting the benefits of victim participation and the number
of challenges it poses for the Court. It shows that the victim participation
endeavor has transformed court proceedings and created new tensions
between the parties and participants. The Article draws the conclusion that
the Court needs to clarify the goals of trial generally as well as the goals
and purpose of victim participation specifically because the primary and
ancillary goals of a Court should to a large extent determine the procedural
framework applied. Finally, the Article concludes by proposing modest
recommendations for how the Court can better deal with victim concerns
in a meaningful and substantive way. (excerpt)