Abstract
Abstract The legal framework of the International Criminal Court does not contain any provision concerning animals. This stands in contrast with the frequency with which they appear in both trial and reparations proceedings. The silence of the legal framework is problematic insofar as the ‘animal turn movement’, which questions the classical understanding and treatment of animals as objects, has permeated into both the international and domestic legal spheres. This article wishes to initiate a discussion on the treatment of animals before the Court by examining whether they could qualify as victims under Rule 85(a) of the Rules of Procedure and Evidence. While the short answer to this question is an unequivocal ‘no’, the conclusion reached is not the purpose of the analysis. The analysis shows that animals cannot qualify as ‘victims’ because they are not human beings. Yet, they comfortably meet the other two criteria, namely, (a) suffering harm, which (b) results from the commission of crimes within the Court’s jurisdiction. Thus, this article argues that — at least — granting animals the same treatment as human beings is no more objectionable as a matter of legal principle than granting them the status of ‘things’. This calls for a prompt discussion of the regulation of animals within the Court.
Highlights
The short answer to the question posed by this article — whether animals can qualify as victims before the International Criminal Court (ICC or Court) — is a Journal of International Criminal Justice (2021), 1 of 28 doi:10.1093/jicj/mqab[039] ß The Author(s) (2021)
The analysis shows that animals cannot qualify as ‘victims’ because they are not human beings
The Appeals Chamber has explained that natural persons in the sense of Rule 85(a) Rules of Procedure and Evidence (RPE) includes: ‘direct’ victims, that is, those whose harm results from the commission of the crime; and ‘indirect’ victims,[30] who suffered harm as a result of that endured by the direct victims, such as family members or those who suffered harm helping or intervening on behalf of victims to try and prevent the commission of the crime.[31]
Summary
The short answer to the question posed by this article — whether animals can qualify as victims before the International Criminal Court (ICC or Court) — is a. The way animals are treated has become a matter of public morality with legal implications.[1] In contrast, the ICC legal framework continues to reduce animals to things, thereby concealing their particular vulnerability to core crimes and rendering their suffering invisible and legally irrelevant. This is a problem not least because of the Court’s truth-telling function and role in counteracting those atrocities that deeply shock the conscience of humanity.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.