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The Research On Victims’ Participation In The Proceedings Of The International Criminal Court

Posted on:2015-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2296330422991529Subject:International Law
Abstract/Summary:PDF Full Text Request
International Criminal Court has two important creation, participation ofvictims in the proceedings is one. Prior to this, there is no appeal of the InternationalCriminal Victims Participation. Victims can only act as witness to involve in theproceedings, he or she did not have any actual rights in addition to the witness, letalone act as participants in the proceedings. Victims need to submit written materialsto the court without a hearing. The International Criminal Court conform to the"victim" campaign to protect the victims of human rights trends, learn the systemconcept advanced legal systems, highlighting the innovative justice. From theprosecution and defense to maintain a balanced perspective of the core values,International Criminal Court adopted a cautious expansion of the practice of victimparticipation rights complaint, it let the victim who is on the basis of witnesses took abig step forward. It is a reality and theoretical issues of the international communitysector to protect victims.Using literature method, normative and case analysis methods, the paperanalysis the status and the rights of victims in the criminal proceedings. Victim beinggiven the right to participate at the same time is severely restricted, it can bedescribed as equality of arms, consistent with justice accused. Visible, whethernational or international justice, the idea is to ensure a consistent defense of equalityof arms, to protect the defendant’s justice. Victim’s participation has no exception. Itcan not be ignored that the victim’s participation in the proceedings does not meanthat their identity parameter is a party. What is the status for the victims on earth?Throughout the Rome Statute, we can see that the victim is not a party. Their rightsare subject to the discretion of the judge’s guidance. Expanding victim’s participationrights, does not mean that it is conferred as one party of its criminal indictment butin order to better listen to the voices of victims.Thus the paper identifies the gaps in our current stage from which we can see thelegal status and rights of the victims of the provisions of the international long-termpattern is quite different. Can this approach be able to balance the money dimmingand blood revenge to some extent, is it possible to achieve better judicial fairness.These are worth further consideration.
Keywords/Search Tags:the International Criminal Court, victims participation, prosecution anddefense balance
PDF Full Text Request
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