Some Reflections on the Role of Victims in the International Criminal Trial Process

Abstract

The purpose of this paper is to examine the nature and significance of victim participation in international criminal trials through the analysis of relevant substantive and procedural norms of the United Nations International Criminal Tribunals for the Former Yugoslavia and Rwanda (lCTY and ICTR respectively) and the recently created International Criminal Court (ICC) in their broader philosophical, sociological and comparative context. By focusing on the linkage between victims' rights and legitimacy its objective is to consider the case for a reconceptualisation of international criminal trial justice and to speculate upon ways in which this might be achieved.