Victim Participation in International Criminal Proceedings: Problems and Potential Solutions in Implementing an Effective and Vital Component of Justice

33 Pages Posted: 24 Apr 2014  

Harry Hobbs

University of New South Wales (UNSW), Faculty of Law, Students

Date Written: April 24, 2014

Abstract

Effective and meaningful victim participation in international criminal proceedings is a vital component of transitional justice. In post-conflict societies, victim participation can empower survivors, engender individual healing and social trust, and promote accountability and the rule of law. Although victim participation is well established and noncontroversial in domestic civil law jurisdictions, it cannot simply be translated into the international arena. A host of difficulties, beginning with the potentially enormous number of victims of international crimes, plague implementation of this crucial component of justice. This Article examines many of the difficulties involved in institutionalizing effective victim participation into international criminal proceedings, but it also proposes three solutions. These solutions offer a way forward for systemic development of the International Criminal Court (ICC) and future ad hoc international tribunals.

Keywords: international criminal law, victim participation

JEL Classification: K33, K14

Suggested Citation

Hobbs, Harry, Victim Participation in International Criminal Proceedings: Problems and Potential Solutions in Implementing an Effective and Vital Component of Justice (April 24, 2014). Texas International Law Journal, Vol. 49, No. 1, 2014. Available at SSRN: https://ssrn.com/abstract=2428623

Harry Hobbs (Contact Author)

University of New South Wales (UNSW), Faculty of Law, Students ( email )

Sydney
Australia

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