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E-raamat: Justice for Victims before the International Criminal Court [Taylor & Francis e-raamat]

(Queen's University Belfast, UK)
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"Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffett explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations"--

Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice.

Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs.

In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.

Acknowledgements ix
List of abbreviations
xi
Introduction 1(7)
A Aim and approach
2(3)
B Book structure
5(3)
1 Conceiving justice for victims of international crimes
8(50)
A Introduction
8(1)
B International criminal justice
9(8)
C The concept of a victim
17(7)
D Justice for victims of international crimes
24(14)
E The role of victims in international criminal justice mechanisms
38(18)
F Conclusion
56(2)
2 The development of victims in international criminal justice
58(28)
A Introduction
58(1)
B The Second World War tribunals
59(5)
C The ad hoc tribunals
64(20)
D Conclusion
84(2)
3 Victims in the proceedings of the International Criminal Court
86(57)
A Introduction
86(1)
B The drafting of the victim provisions within the Rome Statute
87(3)
C Victim recognition
90(4)
D Victim participation before the International Criminal Court
94(34)
E The treatment and protection of victims at the International Criminal Court
128(14)
F Conclusion
142(1)
4 Reparations and responsibility under the Rome Statute
143(53)
A Introduction
143(1)
B The theoretical and normative basis of reparations
144(7)
C The International Criminal Court's reparation regime
151(6)
D Interpreting the International Criminal Court's reparation regime
157(26)
E Reparations through the Trust Fund for Victims
183(2)
F State responsibility for reparations
185(9)
G Conclusion
194(2)
5 The impact of the International Criminal Court on victims in Northern Uganda
196(38)
A Introduction
196(1)
B Background to the Northern Ugandan conflict
197(4)
C The intervention of the ICC in Northern Uganda
201(13)
D Complementarity in Northern Uganda
214(18)
E Conclusion
232(2)
6 Victim-orientated complementarity: a wider perspective
234(47)
A Victim-orientated complementarity
234(5)
B Situations before the International Criminal Court
239(36)
C Victim-orientated complementarity in practice
275(5)
D Conclusion
280(1)
7 Conclusion
281(9)
A The International Criminal Court: justice for victims?
281(5)
B Recommendations
286(2)
C Final remarks
288(2)
Bibliography 290(13)
Index 303
Luke Moffett is a Research Fellow at the School of Law, Queen's University Belfast.