The victim under international criminal law

Abstract

The victim-oriented approach has been steadily on the rise within the international criminal law sphere. It has now culminated in the participatory role afforded to them by the International Criminal Court. There are also several rights which are much more accepted by the international community, the most prominent being the victim’s right to an effective judicial remedy. Reparation is perhaps the most concrete realisation of this right but presents its own unique challenges within the context of individual criminal responsibility. This thesis traces the victims’ journey after the crime to analyse their rights and roles and redress available while maintaining the delicate balance with the rights of the accused. It is not only the legislative instruments of international criminal courts and tribunals which are examined but also certain prolific human rights instruments and case law which triggered the international recognition of victims’ rights and regional and domestic regulations which demonstrate the developing commitment to them.