Title: Victims and International Law: Remedies in the Courtroom?
Abstract: This article examines the role of victims in both international and domestic criminal trials, analysing the value or otherwise of participatory and other procedural rights for victims, and particularly questioning some attempts which purported to ‘rebalance’ the system in recent years that had the effect of taking rights away from the accused. In conclusion it is argued that, while it might not be self-evident at the outset, the most imperative element for victims in the criminal justice system is granting the accused a fair trial, as opposed to the scope and volume of procedural rights which have been painted as necessary to give deference to the victim’s suffering in recent years. The author strongly advocates for ‘service rights’ for victims − this includes information, counselling, reparation, and being allowed to give their statements after a determination of guilt −as opposed to ‘procedural rights’, such as participation as a party to the trial and infl uencing prosecutorial decision-making.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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