Challenges Raised by Victims' Participation in the Proceedings of the Special Tribunal for Lebanon

Abstract

Learning lessons from the experience of the International Criminal Court and the ad hoc tribunals, the Special Tribunal for Lebanon has tried to strike an interesting balance between the legitimate interests of victims on the one hand and the fairness and efficiency of the proceedings on the other. If victims can play a significant role at trial and on appeal, their voices can only be heard through legal representatives under the strict control of the judges. Moreover, victims are not allowed to intervene in the investigation and to make recommendations on the sentence to be imposed. However, some issues regarding the definition of victims are still unclear. Moreover, the proper functioning of the participation scheme rests entirely on the prosecutor, the judges and victims’ representatives, whose cooperative attitude and active role will be crucial.