The Demographics of Victim Participation at the International Criminal Court

Abstract:

The incorporation of victim participation into the legal framework of the International Criminal Court (ICC) brought hope, to some, that the voices of victims would be elevated and heard more clearly in the ICC’s proceedings than they had been at previous international criminal tribunals, where they could participate only as witnesses.

While research has emphasised the significant distinction to be drawn between the wide pool of victims of international crime and the far more restricted pool of ‘juridified victims’ who are able to participate in international criminal proceedings, less attention has been drawn to the demographics of the juridified victim and the extent to which access to justice for victims of international crime is shaped by factors such as age, gender and disability.

Against this background, this paper highlights the importance of the inclusivity of victim participation at the ICC for the realisation of several of the Court’s underlying goals, most notably its fact-finding, expressive and restorative capacity. It reflects on current limits of international criminal proceedings and ways in which they can be addressed to improve the inclusivity of international criminal justice and the ICC’s ability to represent, support and provide agency to the communities that are most deeply affected by international crime.