The status of victims under the rome statute of the international criminal court

Research output: Chapter in Book/Report/Conference proceedingChapter

1 Citation (Scopus)

Abstract

This chapter analysis the three traditional foci of victim status under international criminal law: Participation, protection, and reparation. Whereas, both the ICTY and ICTR statutes largely ignored victim issues, the Rome Statute of the ICC specifically addresses the interests of victims in cases against their persecutors. However, as a new body with little experience to draw upon, the process of bringing victims into the proceedings in a meaningful way is still under development. As a threshold matter, a person must meet the definition of “victim” under Rule 85 RPE ICC before they can qualify to participate. The author explores the parameters of “victimhood” by placing the definition in a variety of contexts— especially with respect to other rights and obligations victims may have under the Rome Statute. Victim safety is also addressed as well as the new Victim and Witness Unit within the ICC bureaucracy. With respect to reparations for victims, the author considers the options of restitution, compensation, and rehabilitation. To date the Trust Fund for Victims has not resolved key operational questions on reparations concerning the seizure and management of defendant assets, investment, return upon acquittal, and disbursement to qualified victims upon conviction.

Original languageEnglish
Title of host publicationVictims of International Crimes: An Interdisciplinary Discourse
PublisherT.M.C. Asser Press
Pages47-66
Number of pages20
ISBN (Electronic)9789067049122
ISBN (Print)9789067049115
DOIs
StatePublished - Jan 1 2013

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International Criminal Court
statute
reparations
reparation
seizure
criminal law
bureaucracy
international law
witness
rehabilitation
obligation
assets

All Science Journal Classification (ASJC) codes

  • Social Sciences(all)

Cite this

Kelly, M. J. (2013). The status of victims under the rome statute of the international criminal court. In Victims of International Crimes: An Interdisciplinary Discourse (pp. 47-66). T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-912-2_4

The status of victims under the rome statute of the international criminal court. / Kelly, Michael J.

Victims of International Crimes: An Interdisciplinary Discourse. T.M.C. Asser Press, 2013. p. 47-66.

Research output: Chapter in Book/Report/Conference proceedingChapter

Kelly, MJ 2013, The status of victims under the rome statute of the international criminal court. in Victims of International Crimes: An Interdisciplinary Discourse. T.M.C. Asser Press, pp. 47-66. https://doi.org/10.1007/978-90-6704-912-2_4
Kelly MJ. The status of victims under the rome statute of the international criminal court. In Victims of International Crimes: An Interdisciplinary Discourse. T.M.C. Asser Press. 2013. p. 47-66 https://doi.org/10.1007/978-90-6704-912-2_4
Kelly, Michael J. / The status of victims under the rome statute of the international criminal court. Victims of International Crimes: An Interdisciplinary Discourse. T.M.C. Asser Press, 2013. pp. 47-66
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