The chapter begins by explaining the complementary role of criminal law in the application of international human rights. It then goes on to analyse the function of the concept of individual criminal responsibility under international law and its relationship to human rights violations. Subsequently, we examine the processes and mechanisms for enforcement of criminal rules under international law with an emphasis on policy rather than the procedural rules underpinning jurisdiction. The ‘peace versus justice’ debate, namely whether international prosecution should sometimes be side-lined in favour of negotiated solutions to ongoing conflicts, is an integral part of this discussion. Finally, the chapter concludes with an analysis of the two core mass international crimes, namely genocide and crimes against humanity with a view to demonstrating that their formulation is largely based on human rights (i.e. rights of victims), rather than criminal law, considerations.

Victims’ rights, whether they take the form of a procedural right of access to justice or participation, or a substantive right to reparation, fulfil a number of important functions. Ideally, they allow victims to assert their rights, redress power imbalances manifest in violations, provide a measure of justice and furnish the victim(s) with the means to cope and rebuild their lives. They may also lead to a public acknowledgement of wrongdoing that recognises unlawful suffering, demonstrates society’s respect for, and solidarity with, the victim(s), and affirms the rule of law. In addition, victims’ rights play an important role in contributing to prevention through deterrence (punishment and/or payment of damages or other forms of reparation) and systemic changes to counter violations, such as legislative and institutional reforms. A series of open questions and challenges remain. Do the rights granted in various treaties and declarations translate into a right to reparation under international law, and, if so, does this apply in relation to all or only some particularly serious human rights violations? Who are the rights-holders and what are their entitlements? Recent developments also raise questions of coherence and effectiveness in light of the proliferation of victims’ rights in various bodies of international law.