Victim Participation at the International Criminal Court: the Importance and Achievability of Meaningful Participation

Abstract

The International Criminal Court’s victim participation endeavour has increasingly been subject to criticism. In response, this paper reconsiders the reasons for victims’ right to participate and argues that victim participation has potential benefits for affected communities, the Court and the international community but these are all premised upon participation being meaningful for victims themselves. Effecting meaningful participation is, however, as difficult as it is important. This paper anticipates various challenges the Court will face in facilitating meaningful participation, based upon the characteristics of victims of international crimes, the nature of the Court and international criminal trials, and the importance of respect for the rights of the accused. It concludes that none of these obstacles yet appears to render impossible the Court’s task of achieving meaningful victim participation.