Title: Victims' right to a fair trial at the International Criminal Court: reflections on Article 68(3) of the Rome Statute

Authors: Michael Wabomba Masinde

Addresses: Moi University School of Law, P.O. Box 3900-30100, Eldoret, Kenya

Abstract: Before the existence of the International Criminal Court, other international criminal tribunals did not provide victims with significant rights of participation and were mainly concerned with bringing criminals to justice. The main provision on victim participation at the International Criminal Court is Article 68(3) of Rome Statute with the Regulations of the Court and Rules of Evidence and Procedure put in place to bring it into life. The adoption of provisions recognising participatory rights has caused much dissension amongst jurists. The arguments regarding to victims participation in proceedings are numerous. Many argue that the recognition of participatory rights represents a great victory in international criminal justice. Others fear that victim participation in proceedings may conflict with the accused's right to a fair trial. This paper seeks to dissect the right of victims' participation at the ICC as weighed against the rights of the accused and the concept of fair trial.

Keywords: International Criminal Court; ICC; right to participation; crimes against humanity; Rome Statute; victims rights; right to a fair trial; victim participation; participatory rights; international criminal justice.

DOI: 10.1504/IJHRCS.2016.081055

International Journal of Human Rights and Constitutional Studies, 2016 Vol.4 No.4, pp.280 - 294

Received: 02 Jun 2016
Accepted: 05 Jun 2016
Published online: 19 Dec 2016 *

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