Chapter 9. The Development Of A Victim-Centered Approach To International Criminal Justice For Serious Violations Of International Humanitarian Law

Abstract

This chapter considers the possible theoretical and legal bases of a victim-centered approach to international criminal justice, of the type seen in the International Criminal Court (ICC) Statute. After a brief consideration of the approach to victims taken by the ad hoc tribunals, it analyzes the relevant provisions of the ICC Statute. For states wherein serious violations of international humanitarian law and grave human rights violations have been committed and which are seeking to come to terms with and move beyond that legacy, criminal prosecution will be only one possible course of action. In the modern age, the predominant paradigm of criminal justice is a correctional or retributive model, with the primary goals being prosecution and punishment of violators of the law. The right of individuals to redress and compensation for serious human rights violations is well established in international human rights law. Keywords: ad hoc tribunals; International Criminal Court (ICC) statute; international human rights law; international humanitarian law