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Victims and international criminal justice: a vexed question?

Published online by Cambridge University Press:  13 October 2008

Mina Rauschenbach  and
Damien Scalia
Mina Rauschenbach
Affiliation:
Trained as a forensic pathologist and social psychologist, Mina Rauschenbach is a teaching assistant at the Centre d'étude, de technique et d'évaluation législatives, part of the law faculty at the University of Geneva. She is preparing a doctoral thesis in social psychology. Damien Scalia has an LL. M. in international humanitarian law. He is a teaching assistant at the University of Geneva's Academy of International Humanitarian Law and Human Rights and is preparing a doctorate in international criminal law.
Damien Scalia
Affiliation:
Trained as a forensic pathologist and social psychologist, Mina Rauschenbach is a teaching assistant at the Centre d'étude, de technique et d'évaluation législatives, part of the law faculty at the University of Geneva. She is preparing a doctoral thesis in social psychology. Damien Scalia has an LL. M. in international humanitarian law. He is a teaching assistant at the University of Geneva's Academy of International Humanitarian Law and Human Rights and is preparing a doctorate in international criminal law.
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Abstract

Despite the growing attention being paid to “victims” in the framework of criminal proceedings, this attention does not seem to be meeting their needs under either national criminal justice systems or the international regime. In the latter, the difficulties encountered by the victims are aggravated by factors specifically arising from the prosecution and punishment of mass crimes at international level. This has prompted the authors to point out that the prime purpose of criminal law is to convict or acquit the accused, and to suggest that the task of attending to the victims should perhaps be left to other entities.

Type
Sanctions
Information
International Review of the Red Cross , Volume 90 , Issue 870: Sanctions , June 2008 , pp. 441 - 459
Copyright
Copyright © International Committee of the Red Cross 2008

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