Overview

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.

Full Product Details

Author:   Tatiana Bachvarova
Publisher:   Brill
Imprint:   Martinus Nijhoff
Weight:   0.573kg
ISBN:  

9789004338609

ISBN 10:   9004338608
Pages:   258
Publication Date:   18 May 2017
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Foreword  William Schabas Foreword  Georghios M. Pikis/i> Acknowledgements Introduction 1 Victims’ Eligibility under Rule 85  The Victim Definition and the Presumption of Innocence  Application of Rule 85  The First Criterion: Natural Persons and Legal Entities   Natural Persons   Legal Persons  The Second Criterion: Harm   Definition of Harm   Types of Harm   Harm Sustained by Legal Persons  The Third Criterion: Jurisdiction  The Fourth Criterion: Causal Link 2 Classification of Victims’ Rights  General and Specific Rights  Rights of Uniform Applicability and Case-dependent Rights  Express and Implied Rights  Imperative and Non-imperative Rights  Conditional and Non-conditional Rights  Passive and Active Rights; Rights of a Mixed Character  Positive and Negative Rights  Rights Employed in Person; Rights Exercised in Person and through Another; Rights Effectuated Exclusively through Another  Any-victim Rights and Group-specific Rights  Service Rights and Procedural Rights  Exclusive and Non-exclusive Rights  Rights Falling within Several Classifications 3 Purpose and Quintessence of Article 68(3)  Article 68(3) Participation Scheme and Existing Models of Victims’ Intervention  icc’s Participatory Scheme and Intervention of Interested Persons in Ongoing Litigation  Genesis and Overall Rationale of Article 68(3)   ‘Personal Interests’ Requirement   The Requirement ‘Are Affected’   The ‘Appropriateness’ Criterion   Manner of Participation   Views and Concerns 4 Duality of Victim-Witness Status  Duality of Status at the Domestic Level  Duality of Status at the International Level  Duality of Status in the Context of Trials of Mass Atrocities  Acquiring Duality of Status  Applications for Participation and Written Statements; Disclosure-Related Issues   Access to Victims’ Applications for Participation; Disclosure of Applications of Dual Status Individuals  Views and Concerns as Compared to Testimony  Admissibility and Probative Value of the Testimony of Dual Status Individuals  Impact of Information from Dual Status Individuals on Their Victim Standing and Trustworthiness  Withdrawal of Victim Standing before Other Adjudicative Bodies. Consequences and Possible Remedies  Practical Matters Occasioned by the Participation of Dual Status Individuals   Role of the Registry in the Protection of Dual Status Individuals   Exchange of Information Concerning Dual Status Individuals   Contact between Dual Status Individuals, the Parties and Other Participants 5 icc’s Evidentiary Procedure and Victims’ Role Therein  The Role of the Parties in the Processing of Evidence on the Merits of the Criminal Case  The Role of the Chamber in the Fact-finding Mechanism  Victims’ Role in the Fact-finding Process on the Merits of the Criminal Case  The Essence of Reparation Proceedings in a Nutshell and Victims’ Role in Related Evidence Gathering Concluding Remarks Index

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Author Information

Dr. Tatiana Bachvarova is a legal scholar and consultant in international and comparative criminal justice, criminal procedure and evidence, and human rights law. She was a Judge at the Sofia District Court, Bulgaria (2007-2016). Dr. Bachvarova was a visiting professional at the Office of the Prosecutor of the International Criminal Court (2015) and took part in proceedings at the International Court of Justice (2013-2014). Prior to her position at the Sofia District Court, she completed her judicial training at the National Institute of Justice, Sofia, Bulgaria (2005) and worked as a Junior Judge at the Sofia City Court, Bulgaria (2005-2007). She holds a Ph.D. from Middlesex University, London, UK (2015), an LL.M. from the London School of Economics and Political Science (LSE), UK (2009), and an LL.M. from Sofia University St. Kliment Ohridski, Bulgaria (2004). Dr. Bachvarova was a member of the Bulgarian Judges Association and a referee of foreign judges within the European Judicial Training Network. She has been a guest lecturer and presenter on a number of occasions. Dr. Bachvarova is a member of the Editorial Board of International Law Research. She has published in renowned international journals and collected volumes on diverse procedural and substantive issues in the realm of international criminal justice, comparative criminal law and procedure, the law of evidence and human rights.

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