The Status of Victims in the Enforcement of International Criminal Law

6 Oregon Review of International Law 95 (2004)

39 Pages Posted: 22 Aug 2013

See all articles by Timothy K. Kuhner

Timothy K. Kuhner

University of Auckland, Faculty of Law

Date Written: October 16, 2003

Abstract

This article examines the link between international judicial fora and social development: namely, the role allocated to victims by the norms and values of international criminal law. Since victims constitute one of few points of entry from which the effects of justice emanate throughout society, their role is crucial for any post-conflict transition. The role provided for victims is central to the ongoing definitional process associated with international justice. In examining the role of victims, this article provides a sense of both the promise and the danger of international justice as it is presently evolving. Contained within its promise are the protection and enforcement of human rights, the facilitation of post-conflict transitions, and the building of healthy societies. In terms of dangers, international justice can lead to the disempowerment of victims and the insertion of undue foreign influence into social affairs unrelated to the violations of international criminal law at issue.

Keywords: International criminal law, international courts, ad hoc tribunal, atrocity crimes, genocide, war crimes, crimes against humanity, ICTY, ICTR, Special Court for Sierra Leone, International Criminal Court

Suggested Citation

Kuhner, Timothy K., The Status of Victims in the Enforcement of International Criminal Law (October 16, 2003). 6 Oregon Review of International Law 95 (2004), Available at SSRN: https://ssrn.com/abstract=2313364

Timothy K. Kuhner (Contact Author)

University of Auckland, Faculty of Law ( email )

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Auckland, 1142
New Zealand

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