Reconciling the Conflicting Rights of Victims and Defendants at the International Criminal Court

Abstract

The International Criminal Court (ICC) reached new grounds in international criminal law by providing victims with legal standing to be represented by counsel and formally participate throughout trial and other court proceedings. This article explores whether victim participation conflicts with defendants’ rights and, insofar as that is the case, how the rights of victims and defendants may be reconciled.

Keywords: International criminal court, international criminal law, International Criminal Tribunal for the Former Yugoslavia, international human rights, genocide, war crimes, crimes against humanity, victims' rights, defendants' rights, criminal procedure