Victims' Rights and Advocacy at the International Criminal Court

Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.

Autorentext

T. Markus Funk, now in private practice, served as a decorated Chicago federal prosecutor, Section Chief with the U.S. State Department-Balkans, clerk with the federal court of appeals and district court, and law professor at institutions including the University of Chicago, Oxford University, Northwestern University, and the US Department of Justice's National Advocacy Center. He trained and advised international war crimes judges, defense attorneys, victim advocates, investigators, and prosecutors in the Balkans and elsewhere. T. Markus Funk has the distinction of being the only person to have received both the Department of Justice's Attorney General's Award and the State Department's Superior Honor Award.

Inhalt

Foreword by Paolina Massidda, Principal Counsel, Office of Public Counsel for Victims, International Criminal Court About the Author PART I. INTRODUCTION PART II. A Legacy of Abuse and Suffering Leads to the Birth of the ICC PART III. TRACING THE DEVELOPMENT OF VICTIMS' RIGHTS UNDER INTERNATIONAL LAW A. Victim-Centric Justice of the 1400's - Customary Law As Exemplified By the Code of Leke Dukagjini B. Centralized State Power in the 1700's and 1800's, the Scientification of Criminal Law, And the Decline of Victims' Rights Under Domestic Law C. Twentieth-Century Resurgence of Victims Rights Under Domestic Law D. Victims' Rights Recognized as Part of International Law PART IV. PRIMER ON THE ICC A. Breaking New Ground for Victims' Rights B. The ICC's Operation C. The ICC's Limited Subject-Matter Jurisdiction D. Territorial and Personal Jurisdiction E. The ICC's Limited Temporal Jurisdiction F. The ICC's Due Process Guarantees G. The "Complementarity" Firewall: Understanding the ICC's Key Admissibility Test H. Case Initiation I. A New Paradigm: The ICC's Hybrid System of Advocacy J. Reconciling the ICC's Sweeping Promises to Victims with the Realities on the Ground PART V. THE ROME STATUTE'S GROUNDBREAKING (AND EXPANSIVE) RECOGNITION OF VICTIMS' RIGHTS A. Victims' Rights Enshrined in the ICC's Rome Statute B. Summary of the ICC's Victim-Related Rules of Procedure and Evidence C. Select Victim-Rights Case Law D. Exploring the Role of Victims as "Participants" in ICC Proceedings E. Modality and Extent of Victim Participation Remain Unsettled PART VI. QUALIFYING AS LEGAL COUNSEL FOR VICTIMS A. Becoming a Formally-Recognized ICC "Victim Representative" B. An Alternative Mode of Legal Representation: "Assistant to Counsel" PART VII. STEPS TO FORMAL RECOGNITION AS A "VICTIM" A. The Long and Torturous Road to Formal Recognition as a "Victim" B. Distinguishing Victims from Witnesses PART VIII. Preparing for Complex Group Representation A. Promises and Potential Pitfalls of Group Representation - The Class Action Model B. The Victim Representative's Duty of Loyalty to Clients PART IX. UNDERSTANDING VICTIMS' INTERESTS AND RECOGNIZING THE IMPORTANCE OF MANAGING AND GUIDING EXPECTATIONS A. Promises Collide With Reality B. Managing Expectations C. Ensuring Victims' Safety PART X. HOLDING A PRE-TRIAL EVIDENTIARY HEARING TO ESTABLISH THE HISTORIC RECORD A. Litigation Aimed At Creating Present and Future Individual (and Group) Accountability B. Convening a Pretrial Evidentiary Hearing to Develop the Common Factual Backdrop of the Case PART XI. COMPILING A "VICTIMIZATION DOSSIER" AS A PERMANENT HISTORIC RECORD OF ABUSE A. The Carefully-Tailored Dossier as a Useful Tool for Victim Representatives B. Devising Standard Procedures for Compiling Evidence C. Developing Interview Protocols D. Submitting the Dossier to the Court E. Submitting the Dossier to the Office of the Prosecutor PART XII. PRE-TRIAL PROCEEDINGS A. Functions of the Pre-Trial Chamber B. The Office of Public Council for the Defense C. Victim Participation in Pre-Trial Investigative Activities D. Pre-Trial Preparation with a Clear Focus on the Main Trial E. Some Observations On Pre-Trial Meetings with Witnesses F. Self-Representation and the Corresponding Threat to the Historic Record G. The Benefits of Guilty Pleas PART XIII. THE MAIN TRIAL A. Opening Statement B. Direct Examination of Witnesses C. Introducing Exhibits D. Cross-Examination E. Re-Direct Examination PART XIV. SUMMATION AND SENTENCING A. Summation: Capturing the Whole Story B. Sentencing: Imposition of Justice PART XV. CONCLUSION Appendix I. Selected Articles from Rome Statute Appendix II. Selected Rules of Procedure and Evidence Appendix III. Regulations of the Registry Appendix IV. Selected Regulations of the Court Appendix V. Code of Professional Conduct for Counsel Appendix VI. Counsel Participation Form Appendix VII. Request for Participation in Proceedings and Reparations at the ICC for Individual Victims Appendix VIII. Helping Victims Make Their Voice Heard Appendix IX. Representing Victims before the International Criminal Court: A Manual for Legal Representatives Table of Authorities ICC Legal Provisions Index