Victim participation in International Military Criminal Tribunals, Ad-Hoc Criminal Tribunals and International Criminal Court

Montalvo C.; Giovannetti C. · Brazilian Journal of International Law (2024) · DOI: 10.5102/rdi.v21i1.9207

Resumen

This article analyzes victims in three international criminal scenarios, such as International Military Criminal Courts, Ad-Hoc Criminal Courts and the International Criminal Court, with the aim of identifying their role and participation in these tribunals based on the assumption that victims’ treatment before these scenarios have been as a witness, and not as a victim. To demonstrate this, it was implemented the methodology of content analysis and review of the Rules of Evidence and Procedure of the Tribunals mentioned above, in comparison with the regulations on the participation of victims included in the Rome Statute, under the technique of comparative law. As conclusion, authors argue that victims before these judicial scenarios have been treated as victim-witness and in the case of the International Criminal Court, even though there is a significant process, this judicial body must strengthen their rights and effective participation in all procedural stages. The originality of the article lies in the fact that it develops an exercise of comparative law and historical review of the treatment and participation of the victim in International Criminal Law.

Instituciones: Universidad Nacional de Ucayali