The Interface of Civil Law and Common Law Legal Systems
Edited by Linda Carter and Fausto Pocar
Chapter 6: The role of victims
This chapter addresses the role of victims in proceedings before international criminal tribunals. It mainly focuses on the relevant practices of the International Criminal Court (ICC), the first international criminal tribunal to allow victims to actively participate in criminal proceedings. Occasionally, references will be made to the approaches of other international criminal tribunals, especially where they differ from that of the ICC. The chapter will not discuss the right of victims to receive reparations, which the ICC grants them separately from the right to participate in proceedings. While the ICC is the first international tribunal to grant victims an active role in its proceedings, this approach is not uncommon in national jurisdictions that follow the civil law tradition. For example, in France, victims can become “civil parties” to the proceedings by attaching their civil claim for compensation to the criminal proceedings against the accused. Similar types of “adhesion” procedures are available in most other European states. These jurisdictions allow victims to bring accusations against their perpetrators, receive legal representation during the criminal process, and obtain reparations through criminal prosecutions.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.