Victims' participation and reparations in international criminal proceedings

Authored by: Megan Hirst

Routledge Handbook of International Human Rights Law

Print publication date:  December  2013
Online publication date:  August  2014

Print ISBN: 9780415620734
eBook ISBN: 9780203481417
Adobe ISBN: 9781135055943

10.4324/9780203481417.ch37

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Abstract

The establishment of the International Criminal Court (ICC) marked the beginning of a new era for those victims 1 1

In this chapter the term ‘victim’ refers to persons who have suffered harm as a result of a crime. This is the core concept in the definitions used by those international tribunals which permit victim participation and/or reparations, and is based on Art. 8 of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines), UNGA Res. 60/147 (16 December 2005). See also ICC, Rules of Procedure and Evidence (RPE), ICC-ASP/1/3 (Part II-A) (2002), Rule 85; Special Tribunal for Lebanon, Rules of Procedure and Evidence (R PE), STL/BD/2009/01/Rev.4 (2009), Rule 2; Extraordinary Chambers of the Courts of Cambodia Internal Rules (ECCC Internal Rules) (2011), Glossary.

of massive crimes whose cases reach an international criminal forum. They could now seek reparations directly from a person convicted of these crimes. In addition, they could present their ‘views and concerns’ in international judicial proceedings.

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