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Journal of International Criminal Justice Advance Access originally published online on November 24, 2005
Journal of International Criminal Justice 2006 4(2):219-238; doi:10.1093/jicj/mqi089
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© Oxford University Press, 2005, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

Participation of Victims in Pre-Trial Proceedings of the ICC

Carsten Stahn*, Héctor Olásolo** and Kate Gibson***

* LLM (NYU), LLM (Köln-Paris), Associate Legal Officer, International Criminal Court; Visiting Research Fellow, Leiden University. The views presented in this paper are those of the author alone and do not necessarily reflect those of the ICC. ** Ph.D. (Salamanca), LLM (Columbia University), Associate Legal Officer, International Criminal Court, Former Advisor to the Spanish Delegation to the Preparatory Commission of the International Criminal Court; Honorary Senior Lecturer, Department of Criminal Law, Utrecht University. The views presented in this paper are those of the author alone and do not necessarily reflect those of the ICC. *** LLM (Cantab), Visiting Scholar, Lauterpacht Centre for International Law, Cambridge (2005).

Victims’ participation is usually celebrated as one of the major innovations of the International Criminal Court (ICC) system. It has been regulated in great detail by the drafters of the Rome Statute and the Rules of Procedure and Evidence of the ICC in relation to trial proceedings. However, few thoughts have been devoted to the question of how victims’ issues are dealt with before the commencement of the trial. This contribution seeks to close this gap. It argues that victims have a role to play in the ICC process from the very beginning of proceedings. Moreover, it seeks to clarify how some of the participatory rights of victims may be addressed in practice.


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