Critical analysis of victims' rights before international criminal justice

Abstract

"The establishment of the International Criminal Court (ICC) in Rome in 1998 is a milestone for humanity and a watershed in the life of victims of ongoing violations or wars. The Preamble to the Rome Statute of the ICC acknowledges that 'during this century [20th century] millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity'. This dissertation explores the development and state of victims' rights in international criminal law. ... The study consists of five chapters. Chapter one will provide the context in which the study is set. It oulines the basis and structure of the study. Chapter two endeavours to define some of the basic concepts central to the study: victim, witness, compensation, reparation, redress, restitution, etc. This chapter will give a brief overview of victims' rights in the domestic system. It will also analyse the right to an effective remedy in international law with specific focus on the UN human rights system and on regional systems. Chapter three will outline victims' rights before the ad hoc international criminal tribunals and hybrid courts. These tribunals and courts are the International Criminal Tribunal for the Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), Special Court of Sierra Leone (SCSL), Extraordinary Chambers in the Courts of Cambodia (ECC), and the Special Pannels for Serious Crimes in East Timor (SPSC). Chapter four is devoted [to] the ICC. It will focus on its provisions dealing with victims' rights and assess whether this mechanism makes effective allowance for victims to be heard and compensated. Chapter five will consist of a summary of the entire presentation and the conclusions drawn from the study. It will make some recommendations for the adequate protection of victims' rights." -- Introduction.