Victims Rights And Advocacy At The International Criminal Court

Author : T. Markus Funk
Publisher : Oxford University Press
Page : 504 pages
File Size : 42,7 Mb
Release : 2015-03-16
Category : Law
ISBN : 9780190236694

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Victims' Rights and Advocacy at the International Criminal Court by T. Markus Funk Pdf

Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.

Author : Elizabeth King,Rianne Letschert,Sam Garkawe,Erin Pobjie
Publisher : Springer Nature
Page : 365 pages
File Size : 41,7 Mb
Release : 2022-06-15
Category : Law
ISBN : 9783030567330

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Victim Advocacy before the International Criminal Court by Elizabeth King,Rianne Letschert,Sam Garkawe,Erin Pobjie Pdf

This book is a practical guide for advocates interested in the representation of victims before the International Criminal Court (ICC). It has been developed by experts responsible for the advocacy training of the International Criminal Court's List of Counsel members. Written in a readily accessible style, this guide provides a firm grounding in relevant legal doctrine, essential advocacy techniques and valuable multidisciplinary perspectives. Drawing upon global expertise from legal practitioners, specialist advocacy trainers and multi-disciplinary writers, this book addresses both practical considerations and key challenges faced by ICC victim advocates. These include issues such as gender, child victims, victims of sexual violence, special need victims and victims who are themselves implicated in international crimes. Through its practical focus on advocacy techniques, hypothetical case studies, checklists, interviews from the field and lists of further resources, this manual equips readers with the knowledge and skills necessary to engage in sophisticated ICC victim advocacy. This book will also appeal to those interested in the workings of International Criminal Law and in victim advocacy and victimology more broadly.

Author : Melanie Klinkner,Howard Davis
Publisher : Routledge
Page : 287 pages
File Size : 54,7 Mb
Release : 2019-07-26
Category : Law
ISBN : 9781317335085

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The Right to The Truth in International Law by Melanie Klinkner,Howard Davis Pdf

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

Author : Christoph Safferling,Gurgen Petrossian
Publisher : Springer Nature
Page : 390 pages
File Size : 40,8 Mb
Release : 2021-09-16
Category : Law
ISBN : 9783030801779

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Victims Before the International Criminal Court by Christoph Safferling,Gurgen Petrossian Pdf

The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

Author : Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson
Publisher : Routledge
Page : 255 pages
File Size : 49,5 Mb
Release : 2020-04-29
Category : Law
ISBN : 9781000037241

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Defendants and Victims in International Criminal Justice by Juan Pablo Perez-Leon-Acevedo,Joanna Nicholson Pdf

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

Author : Thorsten Bonacker,Christoph Safferling
Publisher : Springer Science & Business Media
Page : 405 pages
File Size : 41,5 Mb
Release : 2013-07-09
Category : Law
ISBN : 9789067049122

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Victims of International Crimes: An Interdisciplinary Discourse by Thorsten Bonacker,Christoph Safferling Pdf

In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Author : Tatiana Bachvarova
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 40,7 Mb
Release : 2017-05-18
Category : Law
ISBN : 9789004338616

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The Standing of Victims in the Procedural Design of the International Criminal Court by Tatiana Bachvarova Pdf

This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation or seeks to extend it beyond the contours determined by the founders of the ICC.

Author : Mark Klamberg
Publisher : Torkel Opsahl Academic EPublisher
Page : 819 pages
File Size : 41,5 Mb
Release : 2017-04-29
Category : Law
ISBN : 9788283481013

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Commentary on the Law of the International Criminal Court by Mark Klamberg Pdf

Author : Hilmi M. Zawati
Publisher : Oxford University Press
Page : 273 pages
File Size : 43,9 Mb
Release : 2015-11
Category : Law
ISBN : 9780199357116

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Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by Hilmi M. Zawati Pdf

This scholarly legal work focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling. In this book Hilmi M. Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, and with fair labelling as a legal principle and a theoretical framework. Critical and timely, this study contributes to existing scholarship in many different ways. It is the first legal analysis to focus on the dilemma of prosecuting and punishing wartime gender-based crimes in the statutory laws of the international criminal tribunals and the ICC in the context of fair labelling. Moreover, it emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, examines its intellectual development, scope and justification, and illustrates its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals.

Author : Luke Moffett
Publisher : Routledge
Page : 321 pages
File Size : 42,7 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781317910824

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Justice for Victims before the International Criminal Court by Luke Moffett Pdf

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Author : Ilaria Bottigliero
Publisher : BRILL
Page : 336 pages
File Size : 50,5 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047412991

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Redress for Victims of Crimes under International Law by Ilaria Bottigliero Pdf

Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims’ redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims’ redress.

Author : Eva Dwertmann
Publisher : BRILL
Page : 373 pages
File Size : 43,9 Mb
Release : 2010-03-02
Category : Law
ISBN : 9789047445005

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The Reparation System of the International Criminal Court by Eva Dwertmann Pdf

Dedicated to one of the great innovations in the proceedings before the International Criminal Court, this book offers a comprehensive analysis of the Court’s power to order a convicted person to make reparations to victims, possibilities for its implementation and its potential to bring justice to victims.

Author : Sarfaraz Ahmed Khan
Publisher : APH Publishing
Page : 228 pages
File Size : 50,9 Mb
Release : 2007
Category : Human rights
ISBN : 8131302083

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Rights of the Victims by Sarfaraz Ahmed Khan Pdf

Author : Conor McCarthy
Publisher : Cambridge University Press
Page : 435 pages
File Size : 40,9 Mb
Release : 2012-04-12
Category : Law
ISBN : 9781107013872

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Reparations and Victim Support in the International Criminal Court by Conor McCarthy Pdf

Explores the ICC's regime of victim redress, including both its reparations regime and the work of the ICC Trust Fund.

Author : Juan Carlos Ochoa S.
Publisher : Martinus Nijhoff Publishers
Page : 333 pages
File Size : 45,8 Mb
Release : 2013-02-05
Category : Law
ISBN : 9789004212169

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The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations by Juan Carlos Ochoa S. Pdf

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.