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The victims’ participation at a crossroads: How the International Criminal Court could devise a meaningful victims’ participation while respecting the rights of the defendant.

Tonellato, Marianna
June 4, 2015

Source: (2012) European Journal of Crime, Criminal Law and Criminal Justice .20: 315-359.

Hence, this paper has three objectives: to discuss and analyze victims’ participation
purposes and goals, as without knowing why victims have standing rights
it becomes equally uncertain what and when victims can do before the ICC.
Secondly, the study of the early jurisprudence will provide an overview of what has
been done so far with regard to the most controversial issues faced by the Court.
Thus, considering the purposes identified in the first objective, the present essay
will determine whether or not the interests of the victims and those of the parties
have been fulfilled. For each issue this paper will attempt to suggest, taking into
consideration the latest jurisprudence, a possible direction for future reforms in that
field that might have the potential to facilitate the Court in providing satisfactory
and meaningful participation to victims, recognizing and respecting the rights of
the accused and increasing the efficiency and fairness of ICC trials. (excerpt)


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