The standing of victims in the procedural design of the International Criminal Court / by Tatiana Bachvarova.
2017
KZ7495 .B33 2017 (Map It)
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Details
Author
Title
The standing of victims in the procedural design of the International Criminal Court / by Tatiana Bachvarova.
Published
Leiden ; Boston : Brill Nijhoff, [2017]
Call Number
KZ7495 .B33 2017
ISBN
9789004338609 (hardback ; alk. paper)
9004338608 (hardback ; alk. paper)
9789004338616 (e-book)
9004338608 (hardback ; alk. paper)
9789004338616 (e-book)
Description
xxii, 257 pages ; 25 cm
System Control No.
(OCoLC)980346809
Summary
"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 ... 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."-- Back cover.
Note
Based on the author's thesis (doctoral - Middlesex University, London, England, 2015).
Bibliography, etc. Note
Includes bibliographical references (pages 237-244) and index.
Available in Other Form
Online version: Bachvarova, Tatiana. Standing of victims in the procedural design of the International Criminal Court. Leiden ; Boston : Brill Nijhoff, 2017 9789004338616 (DLC) 2017015444
Record Appears in
Table of Contents
Foreword / William Schabas
xi
Foreword / Georghios M. Pikis
xv
Acknowledgements
xvi
Table of Cases/Jurisprudence
xvii
Introduction
1
1.
Victims' Eligibility under Rule 85
10
Victim Definition and the Presumption of Innocence
11
Application of Rule 85
14
First Criterion: Natural Persons
17
Identification Requirements
18
Deceased Persons
23
Disappeared Persons
38
First Criterion: Legal Persons
40
Second Criterion: Harm
51
Definition of Harm
52
Types of Harm
53
Harm Sustained by Legal Persons
61
Third Criterion: Jurisdiction
62
Fourth Criterion: Causal Link
63
2.
Classification of Victims' Rights
68
General and Specific Rights
72
Rights of Uniform Applicability and Case-Dependent Rights
76
Express and Implied Rights
77
Imperative and Non-Imperative Rights
83
Conditional and Non-Conditional Rights
85
Passive and Active Rights; Rights of a Mixed Character
87
Positive and Negative Rights
90
Rights Employed in Person; Rights Exercised in Person and through Another; Rights Effectuated Exclusively through Another
91
Any-Victim Rights and Group-Specific Rights
99
Service Rights and Procedural Rights
103
Exclusive and Non-Exclusive Rights
105
Rights Falling within Several Classifications
106
3.
Purpose and Quintessence of Article 68(3)
108
Article 68(3) Participation Scheme and Existing Models of Victims' Intervention
108
ICE's Participatory Scheme and Intervention of Interested Persons in Ongoing Litigation
115
Genesis and Overall Rationale of Article 68(3)
116
`Personal Interests' Requirement
121
Personal Interests of Victims Warranting Access to the Proceedings at Hand
123
Personal Interests of Victims Warranting Intervention Subsequent to Their Admission as Participants
125
Requirement `Are Affected'
127
`Appropriateness' Criterion
131
Appropriate Stages of the Proceedings
132
Appropriateness of the Intervention
136
Manner of Participation
136
Uniform Predetermination of Modalities of Participation
137
Contextual (`Casuistic') Determination of Modalities of Participation
140
Views and Concerns
141
Presentation of Views and Concerns
142
Non-Evidentiary Character of Views and Concerns
144
4.
Duality of Victim-Witness Status
146
Duality of Status at the Domestic Level
148
Duality of Status at the International Level
150
Duality of Status in the Context of Trials of Mass Atrocities
156
Acquiring Duality of Status
160
Applications for Participation and Written Statements; Disclosure-Related Issues
162
Access to Victims' Applications for Participation; Disclosure of Applications of Dual Status Individuals
165
Views and Concerns as Compared to Testimony
169
Admissibility and Probative Value of the Testimony of Dual Status Individuals
173
Impact of Information from Dual Status Individuals on Their Victim Standing and Trustworthiness
183
Withdrawal of Victim Standing. Overview. Consequences and Possible Remedies
187
Practical Matters Occasioned by the Participation of Dual Status Individuals
189
Role of the Registry in the Protection of Dual Status Individuals
191
Exchange of Information Concerning Dual Status Individuals
193
Contact between Dual Status Individuals, the Parties and Other Participants
196
5.
ICE's Evidentiary Procedure and Victims' Role Therein
199
Role of the Parties in the Processing of Evidence on the Merits of the Criminal Case
201
Role of the Chamber in the Fact-Finding Mechanism
205
Victims' Role in the Fact-Finding Process on the Merits of the Criminal Case
212
Essence of Reparation Proceedings in a Nutshell and Victims' Role in Related Evidence Gathering
226
Concluding Remarks
232
Bibliography
237
Index
245