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Publicatie
International Crimes, National Trials and the Role of Victims’ Rights: Locating the Problems and Possibilities of Victim Participation in the Democratic Republic of Congo
Boekbijdrage - Hoofdstuk
Victim participation has become a prominent feature in international criminal proceedings but it remains unclear how it will manifest itself once international crimes, notably war crimes, crimes against humanity and genocide, are adjudicated at the national level.
The purpose of this Chapter is to respond to these concerns by examining developments in the Democratic Republic of Congo (DRC), compared and contrasted with developments at the international, hopefully allowing any gaps in the protection of victims’ participatory rights to surface. The Chapter will begin by highlighting the importance, and obligation, of States to use prosecutions as a post-conflict or transitional justice mechanism. This will be followed by providing an overview of the development of international legal standards with regards to victim participation, examining in particular the contributions of the International Criminal Court. The Chapter will conclude with presenting the DRC as a case study, including analysing the domestic legal framework, where victim participation exists in theory as a partie civile (civil party); analysing the jurisprudence arising from the military tribunals, as these courts have exclusive jurisdiction over crimes under international law, which points to a more restrained access for victims compared to criminal courts in the ordinary judicial system; and, examining recent developments, such as the proposed mixed tribunals and the implementation of international criminal law in national legislation.
The purpose of this Chapter is to respond to these concerns by examining developments in the Democratic Republic of Congo (DRC), compared and contrasted with developments at the international, hopefully allowing any gaps in the protection of victims’ participatory rights to surface. The Chapter will begin by highlighting the importance, and obligation, of States to use prosecutions as a post-conflict or transitional justice mechanism. This will be followed by providing an overview of the development of international legal standards with regards to victim participation, examining in particular the contributions of the International Criminal Court. The Chapter will conclude with presenting the DRC as a case study, including analysing the domestic legal framework, where victim participation exists in theory as a partie civile (civil party); analysing the jurisprudence arising from the military tribunals, as these courts have exclusive jurisdiction over crimes under international law, which points to a more restrained access for victims compared to criminal courts in the ordinary judicial system; and, examining recent developments, such as the proposed mixed tribunals and the implementation of international criminal law in national legislation.
Boek: Victims and Post-Conflict Justice Mechanisms in Africa
Pagina's: 51-85
Aantal pagina's: 34
ISBN:9966-53-068-4
Jaar van publicatie:2017