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Aspects of victim participation in the proceedings of the International Criminal Court

Published online by Cambridge University Press:  13 October 2008

Elisabeth Baumgartner
Elisabeth Baumgartner
Affiliation:
Elisabeth Baumgartner is a legal adviser in the Office of the Prosecutor of the Special Court for Sierra Leone (SCSL).
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Abstract

The participation of victims in criminal proceedings is generally a rather new phenomenon. While there is a certain tradition of victim participation as “partie civile” in the criminal proceedings of some national jurisdictions, it is a novelty in international criminal trials. The drafters of the International Criminal Court (ICC) Statute chose to design a rather broad victim participation scheme. Although it is hailed as an important and effective instrument for giving victims of gross violations of human rights and international humanitarian law a voice, the procedural and substantive details are far from being settled. Some of the most significant issues are discussed in this article, including the question whether and how victim participation may influence sentencing and punishment.

Type
Sanctions
Information
International Review of the Red Cross , Volume 90 , Issue 870: Sanctions , June 2008 , pp. 409 - 440
Copyright
Copyright © International Committee of the Red Cross 2008

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