Victim Redress and International Criminal Justice: Competing Paradigms or Compatible Forms of Justice?

Journal of International Criminal Justice, Vol. 10, 2012

Posted: 14 Nov 2011

See all articles by Conor McCarthy

Conor McCarthy

University of Cambridge - Jesus College

Date Written: November, 13 2011

Abstract

A growing number of international criminal justice institutions, most notably the International Criminal Court, have been equipped with a regime of victim redress. In the coming years, alongside international legal regimes based on principles of state responsibility, international criminal law may provide a significant legal framework through which the harm suffered by victims of atrocities can be redressed. However, incorporating a regime for dealing with questions of victim redress within the framework of an international criminal justice institution is not, it is argued, an obvious extension of ‘international criminal justice’, the traditional focus of which has been the prosecution and punishment of individuals and not addressing the consequences of their conduct. Instead, the consequences of conflict have traditionally been dealt with at the interstate level through lump-sum settlements, claims processes such as the Eritrea-Ethiopia Claims Commission or, more recently, under international human rights mechanisms, all based on principles of state rather than individual responsibility. But does the creation of a regime of victim redress in the context of international criminal law have a contribution to make to the administration of criminal justice at the international level? With this question in mind, the article critically examines whether and how the incorporation of a regime of victim redress within the framework of an international criminal justice institution may be justified in principled terms.

Suggested Citation

McCarthy, Conor, Victim Redress and International Criminal Justice: Competing Paradigms or Compatible Forms of Justice? (November, 13 2011). Journal of International Criminal Justice, Vol. 10, 2012, Available at SSRN: https://ssrn.com/abstract=1959091

Conor McCarthy (Contact Author)

University of Cambridge - Jesus College ( email )

Jesus Lane
Cambridge, CB5 8BL
United Kingdom

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