The development of victim participation in criminal proceedings through the lens of the ICC statute

Abstract

The 20th and 21st century have been marred by atrocities of an unprecedented scale. Yet, early international criminal tribunals, such as Nuremberg and Tokyo, offered little to no consideration for victims, treating them as peripheral to the proceedings. Victims were largely omitted from the judicial narrative, with justice framed solely through the lens of state interests and retribution. The inception of the International Criminal Court (ICC) under the Rome Statute marked a significant evolution in international criminal justice. Moving beyond a purely retributive model, the ICC incorporates elements of restorative justice, acknowledging the suffering and voice of victims, who were once mere bystanders in the process. While punishment of perpetrators remains central, the Rome Statute recognises that amidst the killings and tortures, lie the lives of voiceless victims, who were unfortunate enough to be at the wrong place, at the wrong time. This shift reflects a broader understanding that prosecution alone does not redress the harm caused; justice must seek to restore dignity and provide reparative measures. Victim participation at the ICC introduces a distinct and independent perspective in the courtroom. The Rome Statute grants victims a range of rights – participatory, protective and reparative – including the right to be heard, to receive protection and to receive reparations through mechanisms such as the Trust Fund for Victims. This more holistic approach balances retribution with restoration, acknowledging that atrocity crimes inflict individual harm in addition to violating collective peace and security. However, more than two decades after its establishment, the ICC faces growing criticism regarding its effectiveness, particularly from the victims’ perspective. Ambiguities in the Rome Statute and inconsistencies in the Court’s jurisprudence have raised questions about the real-world application of the victim participation and reparations regimes. This thesis calls for a critical revision of the ICC’s framework concerning victims. It proposes clarifying the existing provisions, streamlining judicial interpretations and enhancing institutional practices – striking a balance between legal certainty and the necessary flexibility to address the unique complexities of international crimes.