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Journal of International Criminal Justice Advance Access originally published online on April 13, 2006
Journal of International Criminal Justice 2006 4(2):342-350; doi:10.1093/jicj/mql017
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

ICC Pre-Trial Chamber Allows Victims to Participate in the Investigation Phase of Proceedings

Jérôme de Hemptinne and Francesco Rindi*

* The authors are Legal Officer and Associate Legal Officer at the ICTY; the views expressed herein are theirs alone and do not necessarily represent the views of the ICTY or the United Nations. The authors would like to thank Mr Steven Powles for his assistance in reviewing these comments.

[jdehemptinne{at}hotmail.com]

The decision rendered by the International Criminal Court (ICC) Pre-Trial Chamber I on 17 January 2006 allows victims to be involved in ICC proceedings at an early stage of the investigation. The Prosecutor, who has filed an appeal against this decision, has consistently argued that the right of victims to participate in the proceedings does not cover the investigation phase. It is argued that the impact of this decision goes far beyond the issue of victims’ participation in the investigations; it has general implications for the balance of power between the judiciary and the prosecution in proceedings before the ICC.


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