Procedural Justice?

Victim Participation in International Criminal Proceedings

By Brianne McGonigle Leyh

In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings. As such, the aim of this study is threefold: a) to describe, explain, and clarify the procedural role afforded to victims in international criminal proceedings; b) to evaluate whether the current approaches to victim participation in international criminal proceedings are consistent with human rights standards; and c) to determine the proper scope and content of victim participation in international criminal proceedings. To structure the analysis, the framework focuses on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards. Broken up into two main parts, the first part of the study covers criminal law theories and the current role afforded to victims in domestic jurisdictions. It further examines the development of their procedural rights both domestically and internationally. The second part of the study then deals exclusively with international criminal justice institutions and the participatory rights afforded to victims therein. Using two case studies - one on the Extraordinary Chambers in the Courts of Cambodia and the other on the International Criminal Court - the research highlights how these courts have approached the issue of victim participation. The study concludes with general recommendations. The findings of this study will contribute to a better understanding of competing rights within international criminal justice and will provide those involved in the shaping of international criminal justice a means through which to view the participatory rights of victims. This book has received the Book of the Year Award from the American Branch of the International Association of Penal Law / L'Association Internationale de Droit P?nal (AIDP).(Series: School of Human Rights Research - Vol. 42)

470 pages

Publication Date: 12/30/2011
Format: Paper
ISBN: 9781780680200