Justice for Victims

There are certain other goals which have been suggested for international criminal law, all of which have a utilitarian focus, and relate in some ways to the future of the societies in which international crimes are committed. The first of these is that prosecutions may engender a sense of justice having been done, or ‘closure’ for victims, either on the basis that seeing their persecutors prosecuted will have that result, or that the process of testifying will do so. Such a role in relation to victims was noted by the ICTY in the Nikolic´ case, which asserted that ‘punishment must therefore reflect both the calls for justice from the persons who have – directly or indirectly – been victims of the crimes’.

It can also be questioned whether criminal trials and punishment of offenders can have the suggested cathartic effects for victims, It is doubtful, given the focus in international criminal tribunals on higher level offenders, that many victims will have an opportunity to see those people who committed the particular offences against them come to trial (although national courts have a large role here). Evidence that the experience of testifying is helpful is mixed, with some victim-witnesses reporting that they were glad they had testified, whilst others did not.

The extent to which victims may be helped by prosecutions depends, inter alia, on the role they are permitted to play in the proceedings. There have been suggestions that the ICTY and ICTR have not always been exemplary in their treatment of victimwitnesses. Nonetheless, the ICC Statute has various provisions providing for victims’ participation in proceedings and for reparations.

Published under Behavior, Law



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