Victims’ Participation According to the Jurisprudence of the International Criminal Court

Essays on International Criminal Law, Oxford and Portland, Oregon, 2011

35 Pages Posted: 26 Apr 2015 Last revised: 22 Feb 2018

See all articles by Hector Olasolo

Hector Olasolo

Universidad del Rosario; Iberoamerican Institute of The Hague (IIH); The Hague University of Applied Sciences - International Law

Alejandro Kiss

International Criminal Court; Office of the High Commissioner of Human Rights (OHCHR); University of Munster

Date Written: March 24, 2011

Abstract

The role accorded to victims in the ICC proceedings is considered as one of the most significant features of the Rome Statute. It is acknowledged that the interests of victims often differ from the interests of the Prosecution, which is primarily responsible for ensuring that the interests of the society are protected. However, during the negotiation of the Rome Statue the idea that victims should be conferred upon procedural rights gained increasing support as reflecting an international human rights' tendency. The Statute contains only a few prescriptions defining the notion of "victim" and establishing the rights they are empowered to exercise. Nonetheless, extensive ICC jurisprudence has already ruled on several controversial issues which are of utmost relevance for shaping such a role. This article analyzes and systematizes this jurisprudence and it examines the meaning of victims' participation before a Court created to surrogate inactive States.

Keywords: ICC, International Criminal Court, Victim, Participation, Lubanga, Katanga, Bemba

Suggested Citation

Olasolo, Hector and Kiss, Alejandro, Victims’ Participation According to the Jurisprudence of the International Criminal Court (March 24, 2011). Essays on International Criminal Law, Oxford and Portland, Oregon, 2011, Available at SSRN: https://ssrn.com/abstract=2598536

Hector Olasolo

Universidad del Rosario ( email )

Calle 12 No. 6-25
Bogotá (Colombia), DC
Colombia
+57 1 2970200 (Phone)

HOME PAGE: http://urosario.academia.edu/HectorOlasolo

Iberoamerican Institute of The Hague (IIH) ( email )

Badhuiskade 5A
The Hague (Holland), 2686 EM
Netherlands

HOME PAGE: http://www.iberoamericaninstituteofthehague.org

The Hague University of Applied Sciences - International Law ( email )

Stamkartplein 40
The Hague (Holland)
Netherlands

Alejandro Kiss (Contact Author)

International Criminal Court ( email )

The Hague
Netherlands

Office of the High Commissioner of Human Rights (OHCHR) ( email )

Palais Wilson
52 rue des Pâquis
Geneva, 1201
Switzerland

University of Munster ( email )

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