1.

Record Nr.

UNINA9910511440903321

Autore

Bachvarova Tatiana

Titolo

The standing of victims in the procedural design of the International Criminal Court / / by Tatiana Bachvarova

Pubbl/distr/stampa

Leiden ; ; Boston : , : Brill Nijhoff, , 2017

ISBN

90-04-33861-6

Descrizione fisica

1 online resource (279 pages)

Disciplina

345/.0122

Soggetti

Victims of crimes (International law)

Criminal procedure (International law)

Locus standi

Electronic books.

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Based on the author's thesis (doctoral - Middlesex University, London, England, 2015).

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Introduction -- Victims’ Eligibility under Rule 851 -- Classification of Victims’ Rights -- Purpose and Quintessence of Article 68(3) -- Duality of Victim-Witness Status -- icc’s Evidentiary Procedure and Victims’ Role Therein -- Concluding Remarks.

Sommario/riassunto

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.