The standing of victims in the procedural design of the International Criminal Court

著者

    • Bachvarova, Tatiana

書誌事項

The standing of victims in the procedural design of the International Criminal Court

by Tatiana Bachvarova

Brill Nijhoff, c2017

  • : hbk

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注記

Based on author's thesis (doctoral - Middlesex University, London, England, 2015)

Includes bibliographical references (p. [237]-244) and index

内容説明・目次

内容説明

This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims' participation nor seeks to extend it beyond the contours determined by the founders of the ICC. The author contributes to the existing debate in academia and in practice by delineating the core, most complex and contentious matters ensuing from the role assigned to victims. The scrupulously selected issues unveil and blueprint the essential characteristics that delimit the standing of victims as independent actors in the ICC's arena, distinct from the parties and other non-party participants. As an integral part of the ICC's synergy, victims converge and interact with its other components. Therefore, the position and role of victims are contemplated in the context of the Court's procedural mechanism and the mission pursued by the parties and the Chamber. The philosophy underpinning the ICC's design and the standing of victims therein also requires analysis from a wider perspective. Accordingly, the volume draws an in-depth parallel with relevant developments and trends at the international and domestic level. Close attention is paid to the legal instruments and jurisprudence of international(ized) criminal justice bodies, human rights institutions and non-criminal jurisdictions to the extent useful for shedding further light on the issues at hand. Recourse is also made to various national systems, whenever relevant.

目次

  • Foreword William Schabas Foreword Georghios M. Pikis/i> Acknowledgements Introduction 1 Victims' Eligibility under Rule 85 The Victim Definition and the Presumption of Innocence Application of Rule 85 The First Criterion: Natural Persons and Legal Entities Natural Persons Legal Persons The Second Criterion: Harm Definition of Harm Types of Harm Harm Sustained by Legal Persons The Third Criterion: Jurisdiction The Fourth Criterion: Causal Link 2 Classification of Victims' Rights General and Specific Rights Rights of Uniform Applicability and Case-dependent Rights Express and Implied Rights Imperative and Non-imperative Rights Conditional and Non-conditional Rights Passive and Active Rights
  • Rights of a Mixed Character Positive and Negative Rights Rights Employed in Person
  • Rights Exercised in Person and through Another
  • Rights Effectuated Exclusively through Another Any-victim Rights and Group-specific Rights Service Rights and Procedural Rights Exclusive and Non-exclusive Rights Rights Falling within Several Classifications 3 Purpose and Quintessence of Article 68(3) Article 68(3) Participation Scheme and Existing Models of Victims' Intervention icc's Participatory Scheme and Intervention of Interested Persons in Ongoing Litigation Genesis and Overall Rationale of Article 68(3) 'Personal Interests' Requirement The Requirement 'Are Affected' The 'Appropriateness' Criterion Manner of Participation Views and Concerns 4 Duality of Victim-Witness Status Duality of Status at the Domestic Level Duality of Status at the International Level Duality of Status in the Context of Trials of Mass Atrocities Acquiring Duality of Status Applications for Participation and Written Statements
  • Disclosure-Related Issues Access to Victims' Applications for Participation
  • Disclosure of Applications of Dual Status Individuals Views and Concerns as Compared to Testimony Admissibility and Probative Value of the Testimony of Dual Status Individuals Impact of Information from Dual Status Individuals on Their Victim Standing and Trustworthiness Withdrawal of Victim Standing before Other Adjudicative Bodies. Consequences and Possible Remedies Practical Matters Occasioned by the Participation of Dual Status Individuals Role of the Registry in the Protection of Dual Status Individuals Exchange of Information Concerning Dual Status Individuals Contact between Dual Status Individuals, the Parties and Other Participants 5 icc's Evidentiary Procedure and Victims' Role Therein The Role of the Parties in the Processing of Evidence on the Merits of the Criminal Case The Role of the Chamber in the Fact-finding Mechanism Victims' Role in the Fact-finding Process on the Merits of the Criminal Case The Essence of Reparation Proceedings in a Nutshell and Victims' Role in Related Evidence Gathering Concluding Remarks Index

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