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

Journal of International Criminal Justice Volume 15, Issue 4, 1 September 2017

37 Pages Posted: 21 Jun 2018

See all articles by Rachel Killean

Rachel Killean

The University of Sydney - Faculty of Law; Queen's University Belfast School of Law

Luke Moffett

Queen's University Belfast - School of Law

Date Written: March 1, 2017

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

Suggested Citation

Killean, Rachel and Moffett, Luke, Representation, Agency and Voice: Victim Legal Representation Before the ICC and ECCC (March 1, 2017). Journal of International Criminal Justice Volume 15, Issue 4, 1 September 2017, Available at SSRN: https://ssrn.com/abstract=3200524

Rachel Killean (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Queen's University Belfast School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland

Luke Moffett

Queen's University Belfast - School of Law ( email )

School of Law
Main Site Town, University Square
Belfast, BT 7 1NN
United Kingdom

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