The Role of Victims at the International Criminal Court

The Development of Victims’ Rights in International Criminal Law from a Doctrinal and Institutional Perspective

Authors

  • Talin Marino
https://doi.org/10.24437/globaleurope.i121.523

Keywords:

International Criminal Court, International Criminal Law, Transitional Justice, Victims’ Rights, Restorative Justice

Abstract

The International Criminal Court (ICC) provides a procedural framework to victims, which grants them participation rights and assigns them a position as legal subjects. The status of victims at the ICC is not automatically inherent to international criminal law, but rather the preliminary result of a legal development and a process of political negotiation. In this paper, the development of victimhood is traced along the stages of international criminal law and its institutions leading to the implementation of the ICC. In addition, the paper detaches the concept of victimhood from a purely jurisprudential framework and transfers it to the concept of transitional justice. In doing so, it demonstrates that the victim-specific norms in the Rome  Statute have the potential for a restorative function.

Author Biography

Talin Marino

Talin Marino worked and studied at the Institute for European Global Studies. After graduating from the University of Basel in 2019, he worked as an academic associate at the Mission of Switzerland to the EU in Brussels. He currently works as a policy advisor at a Swiss bank.

Downloads

Published

2021-12-13