Activating Victim Constituency in International Criminal Justice

‘Justice for victims’ in trials of mass crimes

“…Its ambition to promote forgiveness, healing and understanding might add a valuable new component to international(ized) trials. Thus, many scholars have considered the development of victim participation as an important achievement (Baumgartner, 2008; Bitti, 2011; Bitti and Friman, 2001; Findlay, 2009; Van den Wyngaert, 2011). Hearing the voices of victims in trials of mass crimes is often described as significant progress from the exercise of purely retributive justice to a model of restorative or reparative justice (Fernandez de Gurmendi and Friman, 2001).…”

“…Scholars observe a ‘trend toward restorative justice at the international level’ that promotes national reconciliation and closure for victims (see, for example, Turner, 2009). Findlay (2009: 189) understands the integration of victims into the process as a necessary prerequisite for the legitimacy of international criminal courts: ‘International criminal justice has no choice but to move towards a victim constituency if its legitimacy and functional relevance are to be confirmed beyond the authority of legislative instruments and sponsor agencies.’ Advocates of victim participation argue that their involvement in trials helps victims to achieve healing, rehabilitation and empowerment (Danieli, 2004; McKay, 1999; War Crimes Research Office, 2007). Their participation would further contribute to national reconciliation since their impact on the proceedings increases the acceptance of judgments rendered by the courts (Stahn et al, 2006).…”

“…2 McCarthy (2012: 353) observes that ‘justice for victims’ is prevalent in modern discourse on international criminal proceedings and that international institutions ‘invoke the language of justice for victims’ to justify their intervention. Many scholars identify victims’ interests ‘as the dominant commitment of international criminal justice’ (Findlay, 2009: 203).…”

Victims of International Crimes: An Interdisciplinary Discourse

“…Further, the repair aimed at is not just that of the relationships between perpetrators and victims, but also between perpetrators and communities. 20 United Nations 2005c, 2006aGillett 2009;García-Godos 2008;Nwogu 2010;Findlay 2009;Rubio-Marín and de Greiff 2007;McCarthy 2009; Robins 2011. 22 Advocates and scholars of restorative justice argue that it is not merely an alternative mode of doing justice, or a second-best option when criminal justice is 19 McCarthy 2009.…”

A context-based model for framing political victimhood: Experiences from Northern Ireland and the Basque Country

“…The demand for victim-centred policies has increased along with the development of transitional justice and the need to deal with the past. In societies emerging from conflict or political transition related to systemic human rights violations, the need to put victims at the centre of the politics of the past goes unquestioned (Findlay, 2009; Robins, 2011). All the parties involved in conflict, peacebuilding and transitional justice agree on this.…”