Challenges to Victim Involvement at the International Criminal Court: Shedding Light on the Competing Purposes of Justice

Abstract

The Rome Statute saw the provision of three statutory rights for victims: the right to participation, protection, and reparations. The addition of these rights is an attempt to incorporate elements of restorative and reparative justice processes into a primarily retributive system. The emerging jurisprudence shows there are competing tensions developing in all areas. The right to participation saw initially broad decisions consistently scaled back by the Appeals Chamber to ensure a more streamlined approach. The right to protection, in contrast, has continued to be upheld by all Court levels resulting in significant trial challenges and delays. While the right to reparations remains untested, it is likely to only partially fulfill restorative aims. This thesis argues that while victim involvement has altered the traditional trial process, restorative aims will remain unmet. However, victim involvement has begun to shed light on the competing purposes of justice within the Rome Statute framework.