The Victim-Related Provisions of the Statute of the International Criminal Court: A Victimological Analysis

Abstract

The 1998 Rome agreement to create a permanent International Criminal Court (the ‘ICC’) is a significant psychological advance in the fight against impunity for those who perpetrate massive violations of human rights. It has also been said to be an important step forward in the recognition of the suffering and the rights of the victims and survivors of the international crimes that are defined in the Statute of the ICC. This article will critically analyse from a victimological perspective the provisions of the Statute of the ICC that directly concern such victims. These provisions can be rouped into those that allow for victim participation into pre-trial and trial decisions, victim support and protection, and victim reparation. The conclusion to the article suggests that while the terms of the Statute are clearly an advance for victims, there are a number of concerns that in practice may undermine the usefulness of the ICC from a victimological perspective. Like all measures that promise benefits for victims, they must be carefully implemented and their use continually evaluated through proper scientific research on victims' experiences.

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