Victims Before the International Criminal Court

Victims Before the International Criminal Court
Author: Christoph Safferling
Publisher: Springer Nature
Total Pages: 390
Release: 2021-09-16
Genre: Law
ISBN: 3030801772

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.

The Right to Reparations Under the Rome Statute of the International Criminal Court (ICC)

The Right to Reparations Under the Rome Statute of the International Criminal Court (ICC)
Author: Stanislas Kabalira
Publisher:
Total Pages: 384
Release: 2016
Genre: Law
ISBN: 9789462403222

"Rome Statute of the International Criminal Court established and vested the Court with the power to decide on reparations to victims. The concept of reparations to victims remains a controversial topic in international criminal law. Does the Statute explicitly create victims' right to reparations? How and why have we to distinguish between reparations under Article 75 and victim assistance or support from the Trust Fund created by Article 79 of the Statute? Does the Statute or international law embody substantive law to be applied to reparations to victims? From a procedural perspective other questions arise: Has the Statute or the Court developed procedural law that allows to balance the interests of parties to proceedings before a court whose mission is primarily criminal? Where a conflict of jurisdiction arises between the International Criminal Court and national courts, as regards reparations against a convicted person, how can the risk be dispelled? What kind of reparations may redress victims of the most serious international crimes, such as crime of genocide, crimes against humanity and war crimes? Does there exist an effective legal framework to facilitate the implementation of reparations orders issued by the Court? This book endeavours to discuss the major legal issues arising from the introduction of the concept of reparations to victims in international criminal law. More particularly, the book describes challenges in implementing Article 75 of the Rome Statute and attempts to suggest legal solutions thereto"--Back cover.

Justice for Victims before the International Criminal Court

Justice for Victims before the International Criminal Court
Author: Luke Moffett
Publisher: Routledge
Total Pages: 367
Release: 2014-06-27
Genre: Law
ISBN: 1317910818

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.

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity
Author: Carla Ferstman
Publisher: BRILL
Total Pages: 585
Release: 2009
Genre: Law
ISBN: 9004174494

This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to access effective and enforceable remedies and reparation for harm suffered. In discussions between the Conference organisers and Judges and officials of the International Criminal Court, it became ever more apparent that there was a great need for frank and open exchanges on the question of effective reparation, between the representatives of victims, of NGOs and IGOs, and other experts. It was clear to all that the many current initiatives of governments and regional and international institutions to afford reparations to victims of genocide, crimes against humanity and war crimes could benefit greatly by taking into full account the wide and varied practice that had been built up over several decades. In particular, the Hague Conference sought to consider in detail the long experience of the Conference on Jewish Material Claims against Germany (the Claims Conference) in respect of Holocaust restitution programmes, as well as the practice of truth commissions, arbitral proceedings and a variety of national processes to identify common trends, best practices and lessons. This book thus explores the actions of governments, as well as of national and international courts and commissions in applying, processing, implementing and enforcing a variety of reparations schemes and awards. Crucially, it considers the entire complex of issues from the perspective of the beneficiaries - survivors and their communities - and from the perspective of the policy-makers and implementers tasked with resolving technical and procedural challenges in bringing to fruition adequate, effective and meaningful reparations in the context of mass victimisation.

The Reparation System of the International Criminal Court

The Reparation System of the International Criminal Court
Author: Eva Dwertmann
Publisher: BRILL
Total Pages: 373
Release: 2010-03-02
Genre: Law
ISBN: 9047445007

When the Rome Statute for the International Criminal Court was adopted in 1998, one of its great innovations was that victims were granted an active role in the proceedings. In its early jurisprudence on victims’ rights, the International Criminal Court stated that “the success of the Court is, to some extent, linked to the success of its reparation system.” This book is among the first to focus on the International Criminal Court’s power to order reparations to victims. It provides a comprehensive analysis of the legal framework of the reparation system, taking into account relevant Court decisions. Possibilities for its implementation are drawn up, providing potential solutions for its multiple challenges, including the distinct asymmetry between the individualized responsibility to provide reparations and the collective nature of the crimes and its consequences. With its practical approach, this book is particularly valuable for practitioners, but also for students and researchers.

Justice for Victims before the International Criminal Court

Justice for Victims before the International Criminal Court
Author: Luke Moffett
Publisher: Routledge
Total Pages: 367
Release: 2014-06-27
Genre: Law
ISBN: 1317910818

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.

Victims' Rights and Advocacy at the International Criminal Court

Victims' Rights and Advocacy at the International Criminal Court
Author: T. Markus Funk
Publisher:
Total Pages: 594
Release: 2015
Genre: History
ISBN: 0199941467

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.