The standing of victims in the procedural design of the International Criminal Court

The thesis explores the autonomous standing of victims in the proceedings and in the evidentiary process before the International Criminal Court (‘the ICC’). For the purpose of elucidating the part played by victims as protagonists in their own right, the thesis brings forth a number of core characteristics that delimit the status of victims and distinguish it, accordingly, from the standing of the parties and from other non-party participants. Chapter I illuminates the eligibility of a person as a victim pursuant to rule 85 of the Rules of Procedure and Evidence as the starting point for any involvement of victims in the course of the proceedings. The thesis explores the multifaceted matters ensuing from the application and interpretation of this provision as a whole, as well as of each of the eligibility criteria. An important highlight into the independent yet non-party standing of victims within the ICC’s procedural design is provided in Chapter II by way of a comprehensive and innovative categorization of the array of rights afforded to victims by the normative framework. Chapter III embarks on a thorough analysis of the nature and the confines of the core right of victims to participate in the criminal justice process and the manifold issues ensuing from each of the prerequisites of article 68(3) of the Rome Statute. The intriguing phenomenon of duality of victim-witness status is contemplated in Chapter IV in light of the overarching principles and fundamental concepts in the realm of evidence law. The part played by victims in the evidentiary process on the merits of the criminal case, as well as in reparation proceedings is elucidated in Chapter V against the backdrop of the overall rationale of the ICC’s fact-finding mechanism, including the respective roles of the parties and of the Chamber. The thesis lends support to the conclusion that the standing and the part accorded to victims throughout the ICC’s process ensue from the purpose of their participation, as well as from the objective and subject matter of the proceedings at hand.