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Victims' participation in the international criminal court from the perspective of restorative justice

English Abstract

The establishment of the ICC is a significant milestone of historical development humanity. With the litigation system of the ICC, the light of the human right protection shines on the victims. As the legal parties, the victims have a clear perspective to achieve justice and make their expectations and requirements to be met through participating in the trial proceedings. The requirements for determining the victims, right of participation are laid down the Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power of the United Nations. At the same time, the provisions on the victims' participation in the litigation in the Rome Statute of the International Criminal Court provide the victims with systematic protection, which established a basic framework to protect the victims' rights in the ICC. However, the broad litigious rights of the victims in the ICC is not perfect, although it has absorbed the legal idea restorative The Court did not thoroughly and specifically regulate the victims' subject scope, right of appeal, etc. The degree of combination of the ICC with restorative justice should be enhanced further, especially in specific case practice. The victims' participation in criminal proceedings of many countries is stressed increasingly, which is reflected in the improvement protection of the victims' right designed by the relevant laws, allocation of the rights of action and litigation structure, etc. The trial proceedings practices of different countries also have shown the advantages of restorative justice system. Such phenomenon may be led legally and we may adopt the reconciliation system to relieve the punishment in sentencing aspects for the criminals who have good attitude toward admission of guilt based on the consultation with the victims. On the one hand, the existing victims' participation right should be improved. On the other hand, reconciliation must be given a place in the ICC and appropriately integrated into the trial proceedings of the ICC. Key Words Victim Participation, Restorative Justice, Victim Protection, the Rome Statute, International Criminal Court

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Faculty of Law




Victims of crimes -- Legal status, laws, etc.

International criminal courts


Verhoeven, Sten Idris

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