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The Standing of Victims in the Procedural Design of the International Criminal Court

The Standing of Victims in the Procedural Design of the International Criminal Court

  • 作者:
  • 出版商: Brill Nijhoff
  • ISBN: 9789004338609
  • 出版时间 June 2017
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,512.74
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  • 描述 
  • 大纲 
  • 详细

    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 scrupulously selected 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.

  • Foreword
     William Schabas
    Foreword
     Georghios M. Pikis/i>
    Acknowledgements
    Introduction
    1.
    Victims’ Eligibility under Rule 85
     The Victim Definition and the Presumption of Innocence
     Application of Rule 85
     The First Criterion: Natural Persons and Legal Entities
      Natural Persons
      Legal Persons
     The Second Criterion: Harm
      Definition of Harm
      Types of Harm
      Harm Sustained by Legal Persons
     The Third Criterion: Jurisdiction
     The Fourth Criterion: Causal Link
    2.
    Classification of Victims’ Rights
     General and Specific Rights
     Rights of Uniform Applicability and Case-dependent Rights
     Express and Implied Rights
     Imperative and Non-imperative Rights
     Conditional and Non-conditional Rights
     Passive and Active Rights
    Rights of a Mixed Character
     Positive and Negative Rights
     Rights Employed in Person
    Rights Exercised in Person and through Another
    Rights Effectuated Exclusively through Another
     Any-victim Rights and Group-specific Rights
     Service Rights and Procedural Rights
     Exclusive and Non-exclusive Rights
     Rights Falling within Several Classifications
    3.
    Purpose and Quintessence of Article 68(3)
     Article 68(3) Participation Scheme and Existing Models of Victims’ Intervention
     icc’s Participatory Scheme and Intervention of Interested Persons in Ongoing Litigation
     Genesis and Overall Rationale of Article 68(3)
      ‘Personal Interests’ Requirement
      The Requirement ‘Are Affected’
      The ‘Appropriateness’ Criterion
      Manner of Participation
      Views and Concerns
    4.
    Duality of Victim-Witness Status
     Duality of Status at the Domestic Level
     Duality of Status at the International Level
     Duality of Status in the Context of Trials of Mass Atrocities
     Acquiring Duality of Status
     Applications for Participation and Written Statements
    Disclosure-Related Issues
      Access to Victims’ Applications for Participation
    Disclosure of Applications of Dual Status Individuals
     Views and Concerns as Compared to Testimony
     Admissibility and Probative Value of the Testimony of Dual Status Individuals
     Impact of Information from Dual Status Individuals on Their Victim Standing and Trustworthiness
     Withdrawal of Victim Standing before Other Adjudicative Bodies. Consequences and Possible Remedies
     Practical Matters Occasioned by the Participation of Dual Status Individuals
      Role of the Registry in the Protection of Dual Status Individuals
      Exchange of Information Concerning Dual Status Individuals
      Contact between Dual Status Individuals, the Parties and Other Participants
    5.
    icc’s Evidentiary Procedure and Victims’ Role Therein
     The Role of the Parties in the Processing of Evidence on the Merits of the Criminal Case
     The Role of the Chamber in the Fact-finding Mechanism
     Victims’ Role in the Fact-finding Process on the Merits of the Criminal Case
     The Essence of Reparation Proceedings in a Nutshell and Victims’ Role in Related Evidence Gathering
    Concluding Remarks
    Index

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