1. Whose Justice? Whose Justice? Victim Participation in Procedures before the International Criminal Court Dr Regina Rauxloh Southampton 13 th September 2010 School of Law, University of Surrey, UK Surrey International Law Centre r.rauxloh@surrey.ac.uk

2. The role of victims in criminal justice The historical role of victims in criminal justice Victims movement in national cjs International developments

3. The Role of Victims at the ICC Participation Protection – –Victims and Witness Unit – –Article 68 Compensation – –Trust Fund for Victims (before and after conviction)

4. Pre-trial Participatory Rights Prosecutor’s authorisation to investigate Decision not to investigate Admissibility hearing Admission of guilt hearing

5. Article 68 (3) Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

6. Article 68 (3) Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

7. Goals of active victims participation Victims should be a priority in the case Restoration of victims’ dignity Rehabilitation Therapeutic process Contribution to reconciliation New facts

8. Problems of extensive victims participation Defence Prosecution Other victims

9. The ownership of the case Theoretical discussion Ownership of the case Example: genocide Role of the prosecutor