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- Title
Victim Participation at the International Criminal Court and its Impact on Procedural Fairness.
- Authors
MCASEY, BRIDIE
- Abstract
The victim participation regime in operation at the International Criminal Court marks a departure from the minimal role that victims have played in international criminal law proceedings in the past. This article examines the practice of the International Criminal Court thus far in dealing with victim participation issues, with a view to assessing its impact on the rights of accused and procedural fairness generally. The article outlines the legal basis of the victim participation regime and provides an overview of the International Criminal Court's jurisprudence on victim participation, before discussing specific practical issues, as well as overarching issues. The author concludes that victim participation has a clearly discernible negative impact on procedural fairness, most prominently in its potential to cause delay.
- Subjects
CRIME victims; INTERNATIONAL Criminal Court; PARTICIPATION; INTERNATIONAL criminal law -- Social aspects; FAIRNESS -- Social aspects; LEGAL rights -- Social aspects; LEGAL procedure; JURISPRUDENCE -- Social aspects; SOCIAL history; INTERNATIONAL cooperation
- Publication
Australian International Law Journal, 2011, Vol 18, Issue 1, p105
- ISSN
1325-5029
- Publication type
Article