Part or chapter of a book
Recognizing the Limits of Victims Participation: A Comparative Examination of the Victim Participation Schemes at the ECCC and the ICC
The Extraordinary Chambers in the Courts of Cambodia
The Hague : T.M.C. Asser Press
515 - 534 p.
international criminal procedure, victim participation, civil parties, legal representation of victims
Victim participation is considered a great innovation of the Rome Statute, and an improvement from the previous international criminal tribunals that failed to attend to victims’ needs and interests. This article compares the victim participation regimes at the ICC and the ECCC. Through this comparative examination, it detects a common trend towards a more streamlined approach despite of the fundamental differences between the victim participation regimes at these two courts. It is then submitted that this trend is unavoidable given the inherent limits of criminal proceedings. Any attempts to refine the victim participation regime have to take into consideration these limits, and to recognize the fact that criminal proceedings is not a panacea. It can only be part of the combined efforts by various mechanisms to truly uphold victims’ rights.