Thesis
Victims' participation in proceedings before the International Criminal Court : developing an expressivist function of the trial
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2019
- Thesis identifier
- T15299
- Person Identifier (Local)
- 201376813
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- The International Criminal Court (ICC) is the first international criminal tribunal that allows victims to participate in their own rights in criminal proceedings. The ICC Statute offers an opportunity for the meaningful entrenchment of the interests of victims in the international criminal process. However, the provisions of the ICC Statute address only the general principles of victims’ participation regime. It is deliberate since the drafters failed to recognise a procedural system that dominates international criminal justice as a full answer to the concerns with victims. The two procedural systems envisaged, mainly the adversarial and inquisitorial procedures, conceive the role of victims in two diametrically opposed ways. A response to the central question as how to frame a victims’ participatory model in proceedings before the ICC, which aim to achieve the goal of giving victims a voice, depends on what framework of justice the ICC adopts. The view taken is that the ICC criminal justice paradigm is a real sui generis system. Due to the extensive and serious nature of the atrocities committed the existing theories of criminal justice – retributive, utilitarian and restorative justice models – are not adequate to meet the need for justice of victims, as recognised by the provisions on victims’ participation of the ICC Statute. This thesis suggests that the ICC should adopt an expressivist paradigm in order to give meaningful effect to the victims’ participatory rights, alongside the defendants’ right and the law enforcement functions of the Court and Prosecutor. The adoption of the expressivist framework to the ICC criminal justice contributes to establish a common grammar to bridge the gap in the languages of the civil law and common law systems. The novelty of this idea of common language is that it is critical and fundamental to move forward the goal of victims’ participation and reshape the rights of victims, defendants, judges and prosecutor, going beyond the conflicting languages of the adversarial and inquisitorial systems and allowing to all the provisions to coherently fit together.
- Advisor / supervisor
- Yusuf, Hakeem
- Resource Type
- Note
- This thesis was previously held under moratorium from 22nd August 2019 until 21st November 2024.
- DOI
- Date Created
- 2018
- Former identifier
- 9912734492002996
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