TITLE

Elaborating Justice for Victims at the International Criminal Court

AUTHOR(S)
Moffett, Luke
PUB. DATE
May 2015
SOURCE
Journal of International Criminal Justice;May2015, Vol. 13 Issue 2, p281
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Justice for victims has often been invoked as the raison d'e"tre of international criminal justice, achieved by punishing perpetrators of international crimes. This article attempts to provide a more holistic account of justice for victims by examining victims' needs, interests and rights. The International Criminal Court (ICC) itself includes participation, protection and reparation for victims within its purview, indicating that they are important stakeholders. This article also suggests that victims are integral to the purpose of the ICC in ending impunity by ensuring transparency of proceedings. However, there are limits to the resources and capacity of the ICC, which can only investigate and prosecute selected crimes. To overcome this justice gap, this article directs the debate towards a victim-orientated agenda, to complementarity, where state parties and the Assembly of State Parties (ASP) are expected to play a greater role in implementing justice for victims domestically. This victim-orientated complementarity approach can be achieved through newASP guidelines on complementarity, expanding universal jurisdiction or seeking enforcement and cooperation through regional and international bodies and courts, such as United Nations Human Rights Council's Universal Periodic Review or the African Court of Justice and Human Rights' International Criminal Law Section. In the end, if we are serious about delivering justice for victims we need to move beyond rhetoric, with realistic expectations of what the ICC can achieve, and concentrate our attention to what states should be doing to end impunity.
ACCESSION #
103270412

 

Related Articles

  • The International Criminal Section of the African Court of Justice and Human Rights: An Appraisal. Naldi, Gino J.; Magliveras, Konstantinos D. // African Yearbook of International Law Online;2016, Vol. 21 Issue 1, p293 

    The article offers information related to international criminal section of the African court of justice and human rights. Topics include that international criminal justice is used by Western States in relying on the principle of universal jurisdiction particularly within the framework of the...

  • THE MEANINGLESS EXISTENCE OF UNIVERSAL JURISDICTION. Lett, Ariel // Michigan State International Law Review;2015, Vol. 23 Issue 2, p545 

    The article focuses on the final principle, universality, and the policy of universal jurisdiction for international crimes and examines how current foreign policies, particularly Conventions and the International Criminal Court, affect the customary universal jurisdiction policy.

  • A CRITICAL REVIEW OF THE ICC'S RECENT PRACTICE CONCERNING ADMISSIBILITY CHALLENGES AND COMPLEMENTARITY. Hansen, Thomas Obel // Melbourne Journal of International Law;2012, Vol. 13 Issue 1, p217 

    The article presents information on the practice of law by the International Criminal Court regarding the challenges and complementarity of admissibility. The national courts prioritize the principle of complementarity in terms of the prosecution during international crimes. Information on the...

  • Asian Values v. The Paper Tiger. Kapur, Amrita // Journal of International Criminal Justice;Dec2013, Vol. 11 Issue 5, p1059 

    In a decade of shifting norms and changing practices in international criminal law, the principle of complementarity has emerged as the primary, but as-yet incompletely defined, mechanism of the International Criminal Court (ICC) to coax states towards enforcing individual accountability for...

  • THE FUTURE OF THE INTERNATIONAL CRIMINAL COURT: COMPLEMENTARITY AS A STRENGTH OR A WEAKNESS? CARTER, LINDA E. // Washington University Global Studies Law Review;2013, Vol. 12 Issue 3, p451 

    The article offers information about the complementarity principle shaping up the relationship of the International Criminal Court (ICC). It focuses on the strengths and weaknesses of the principle and the national jurisdictions related to the ICC. It states the role of ICC in improving the...

  • Book Review. Ling, Cheah // Criminal Law Forum;Jun2013, Vol. 24 Issue 2, p281 

    The article reviews the book "Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes," edited by Morten Bergsmo.

  • A Sentence-Based Theory of Complementarity. Heller, Kevin Jon // Harvard International Law Journal;Winter2012, Vol. 53 Issue 1, p201 

    Article 17 of the Rome Statute prohibits the International Criminal Court ("ICC") from pre-empting a national prosecution of an act that qualifies as a war crime, crime against humanity, or act of genocide unless the State is "unwilling or unable genuinely to carry out" that prosecution itself....

  • THREE INTERNATIONAL COURTS AND THEIR CONSTITUTIONAL PROBLEMS. Kontorovich, Eugene // Cornell Law Review;Sep2014, Vol. 99 Issue 6, p1353 

    An essay is presented on the various U.S. constitutional law-related problems that certain international courts encounter, focusing on the International Criminal Court (ICC), the history of the International Prize Court (IPC), and a hypothetical International Terror Tribunal. Pretextual...

  • UNIVERSAL JURISDICTION NOT SO UNIVERSAL: Time to Delegate to the International Criminal Court? Hoover, Dalila // Eyes on the ICC;2011, Vol. 8 Issue 1, p73 

    The exercise of universal jurisdiction in cases involving crimes under international law remains highly debated and underlines several le-gal and political issues. Because the principle of universal jurisdiction relies on national authorities to enforce international prohibitions, pivotal...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics