The ICC’s Practice on Victim Participation

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Abstract

This contribution describes the current practice of victim participation at the pre-trial, trial and interlocutory appeals phases of criminal proceedings before the ICC. By briefly addressing prior developments, crucial decisions are discussed and differences in the approach of Chambers pointed out. The author analyses the application process and how, in practice, victims participate in the proceedings. It appears that there are basically two categories of victim participation. Rights granted by an affirmative decision on the application for participation belong to the first category. The second category requires a specific (second) application to participate in a particular way in the proceedings. Within the context of the latter category, the Chambers’ approaches to victims as witnesses and victims and evidence are explained.