Representation, Agency and Voice: Victim Legal Representation Before the ICC and ECCC

Abstract

This article examines the role of legal representatives in furthering victims’ rights and interests within international criminal courts, drawing on recent experiences at the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. The article explores the practice of representation within the courts, assessing the extent to which victims are able to exercise agency and voice through representation. It argues that victims are having their agency limited by restrictions placed on their ability to choose representatives, and that the introduction of common representation has collectivised victims’ voices, leading to disputes surrounding who may legitimately represent victims.

Keywords: Victim Representation, International Criminal Law, Khmer Rouge Tribunal, International Criminal Court