A Study On The System For Victims' Participation In International Criminal Court's Proceedings

The establishment of the victim participation system of the international criminal court is one of the major innovations and achievements of Rome statute.The international criminal court's definition of the victim is very broad,who suffers mental loss for the case belong to the jurisdiction of the international criminal court,or material loss of individuals and legal persons can become the victim of the international criminal court.The rights of the victim participation system can be divided into two categories,one is the general right;The other is participatory rights.General rights can also be divided into two aspects of power,one is service rights,these rights including access to information services,won the right to legal services and access to services of language;The second is that protective rights,unlike service rights,have their inherent independent value.The victim participation right and its relevant procedures stipulated in the Rome statute article 15 and article 68,article 68(3)and article 15 specifies the victim in the initial stage of inspection prosecutors request trial court authorized to participate in activities in the investigation procedure;Article 68(3)"this court shall be permitted to the victim in his personal interests are affected,in this court that the appropriate action stage put forward its opinions and concerns for review" covers the pre-trial stage,including compensation procedures,trial,appeal,however,the international criminal court and no detailed rules to illustrate how to express their opinions and concerns the victim,the author through the international criminal court case to explore in article 68(3)the identity of the victim and article 68(3)express their opinions and concerns of the victim in the way.The international criminal court the victim participation to the international community,to the international criminal trial and even the positive influence on the international protection of human rights is undeniable,but it doesn't show that it is a perfect system.Victims of the international criminal court are often thousands of victims,and the influx of victims is "blocking"the proceedings.In order to solve this problem,the international criminal court for the victim choose legal agent to participate in litigation,the victim common legal representatives seems inevitably to represent thousands of participants in the criminal trial,the victim has actually become a"collective" abstract.This kind of abstraction and collective participation conflicts with the idea of individual interests in the Rome statute."Presumption of innocence of the defendant" and "the victim hypothesis" is two opposite concepts,but this does not mean that the victim and the defendant justice in operation will surely lead to conflict mediation.