ATS3462 Lecture Notes - Lecture 11: Rome Statute Of The International Criminal Court, Transitional Justice, Tute
28 May 2018
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Week 11 -Victims and International Justice
• Vitis’ eeds -as stated by Strang and Sherman
▪ Information -do’t get iforatio if ot eessar
▪ Participation -did’t used to pla a role, ut o usig iti ipat
statements
▪ Emotional restoration and apology
▪ Material reparation
▪ Fairness and respect
o Do’t relate elusiel to iteratioal Justie, ut to justie i geeral
o Victims tend to be excluded
o But increase demand for recognition of victims in CJS
• Types of Justice
▪ Retributive -Criminal law (ie punishment)
▪ Reparative -compensation
▪ Restorative -social restoration (apologies/community care)
o International law = predominately retributive justice
o Rome statue has included reparative justice (and arguably restorative)
▪ Takes victim into consideration better
• Victims rights and international justice
o Three rights granted to victims:
▪ Protection
▪ Participation
▪ Reparation
o The ICTY and ICTR statues ignores Victims
o Rome statute → interests of victims more important than their perpetrators
• Definition of victims in the ICC:
o Natural persons who have suffered harm as a result of the commission of any crime
o May include organisations or institutions which have sustained direct harm
o Judge decides based on nexus between harm suffered by victim and the situation
being investigated
▪ there ust e a lik etee atio ad iti ausal lik
• Criticisms for the current victim certification process
o Long and complicated -causes delays
o Extensive number of potential victims due to nature of crimes
o Vitis’ lak of aareess of ICC proess -do’t appl
o Vitis’ lak of resoures
o Possible solution: class action process, for more victims to participate
• Protection (continued from above)
o Special protections particularly for crimes involving sexual or gendered violence
against children
▪ Closed court
▪ Summary of evidence
- Court choosing to withdraw evidence/information endangering
witness/family
▪ Electronic evidence sharing
▪ Aka: protective measures can be balanced against the rights of the abused
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week 11 -victims and international justice: vi(cid:272)ti(cid:373)s" (cid:374)eeds -as stated by strang and sherman. Icc broadly enables the participation of victims as often as possible: but too broad and has the following criticisms, personal interest. For establishing the truth, protecting their dignity, ensuring their safety, receiving reparations, expressing views/concerns, verifying facts: proceedings involvement in early stages gives false hope, and inflates the role they play, presentation of views and concerns. Manner of presentation of views during proceedings. Can be limited by the court if deemed necessary: additional participation rights. Other rulings in regards to participation rights. Records were public except for confidential materials: now victims can see confidential materials too. Victims may play a role in determining what charges to present to: reparations the accused. Allocations by the assemblies of state parties. Voluntary contributions by governments etc: trust fund for victims.
