Victim Participation in International Criminal Justice

Seminar/Forum

Victim Participation in International Criminal Justice

This presentation critically examines the role, scope and implications of victims’ participation in international criminal proceedings, drawing from developments in human rights doctrine, victimology and transitional justice. The comprehensive analysis of the complex and multifaceted legal mechanism of victim participation is conducted primarily through the lens of the ECCC. The interpretation of victims’ participatory rights has been significantly diffuse and at times divergent, betraying a far from cohesive and consistent approach, and making the study of civil party participation a meaningful and instructive endeavour. Victim participation is still in its infancy in international criminal proceedings, and as such, the trials at the ECCC have appeared more as ‘experimenting laboratories’ than as processes guided by sound and well-crafted rules and procedures. The research argues that whilst the apparent benefits of participation seem self-evident, and may lead, at least in theory, to the realisation of the aspiration of restorative justice for victims, the manner in which civil party participation has been crafted and interpreted in the trials before the ECCC has raised some important issues and questions regarding its role and impact with respect to the functionality of court proceedings, the rights of the accused, and the rights of victims themselves.

Presenter

  • Dr Rudina Jasini
    Dr Rudina Jasini, University of Oxford