Assessing Victim Participation during Sentencing at the International Criminal Court

Article by Juan-Pablo Pérez-León-Acevedo, published in Journal of International Criminal Justice.

Abstract

Although the academic literature has examined victim participation at the International Criminal Court (ICC), victim participation during the sentencing stage has remained a virtually unexplored topic. Thus, this article assesses the law and, in particular, the practice of the ICC on victim participation during sentencing in light of domestic/international criminal law and human rights law standards. Victim participation during the ICC sentencing stage, i.e. mainly written observations and sentencing hearing participation, is overall consistent with international and domestic criminal law standards, particularly with certain common law jurisdictions and with the Special Tribunal for Lebanon where the trial and sentencing stages are also divided. Additionally, victim participation during the ICC sentencing stage may arguably be justified under international human rights law, especially human rights case law. Importantly, the ICC has introduced some limitations to victim participation to safeguard the convicted person’s rights and procedural efficiency.

The article is a part of the symposium Balancing the Rights of Defendants and the Rights of Victims that was organized at PluriCourts in 2018. It is available on the Journal of International Criminal Justice website

Tags: Criminal law, Human Rights
Published Aug. 6, 2019 11:40 AM - Last modified Aug. 6, 2019 11:40 AM