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The ICC and victim participation for victims of gender-based crimes - a conflict of interest?
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Mouthaan, Solange (2013) The ICC and victim participation for victims of gender-based crimes - a conflict of interest? Cardozo Journal of International and Comparative Law, 21 (3). pp. 619-652.
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Official URL: http://www.cjicl.com/issues.html
Abstract
The ICC has adopted a system of victim participation, which, although innovative, is also complex and inconsistent. As a consequence the meaningfulness of victim participation is questioned, because of its adverse effects on judicial proceedings, in particular on the task to be performed by the judges. It further creates false expectations for victims. The Lubanga and Bemba trials highlight that victims of gender-based crimes in particular bear the brunt of this approach. The ICC thus faces a challenge to develop a consistent approach to victims in line with its mandate to victims of vulnerable groups. A way forward is to determine more precisely what purpose should be achieved by victim participation in line with the objectives to be achieved by the ICC. The system as it is detracts from attaining more realistic goals, such as reaching a long-awaited first verdict, and therefore contributing to the expressing of global norms.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Cardozo Journal of International and Comparative Law | ||||
Publisher: | Yeshiva University * Benjamin N. Cardozo School of Law | ||||
Official Date: | 2013 | ||||
Dates: |
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Volume: | 21 | ||||
Number: | 3 | ||||
Page Range: | pp. 619-652 | ||||
Status: | Not Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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