Volume 18, Issue 1 (2014)
CLR 2014, 18(1): 147-168 |
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Lal Alizadeh1 M, Akefi Ghaziani2 M, Hojjatzadeh3, A, Sirghani4 M. The Place of Victims in the International Criminal Court;with Emphasis onTheir Participation inInitiation of the Proceedingsand Investigation Stages. CLR 2014; 18 (1) :147-168
URL: http://clr.modares.ac.ir/article-20-8124-en.html
URL: http://clr.modares.ac.ir/article-20-8124-en.html
1- 1.Ph.D. student, Faculty Member, Department of Law, Payam Nour University, Tehran, Iran
2- 2.Assistant professor, Department of law, Payam Nour University, Tehran, Iran
3- 3.Assistant professor, Department of law, Payam Nour University, Tehran, Iran
4- 4.Assistant professor, Department of law, Payam Nour University, Tehran, Iran
2- 2.Assistant professor, Department of law, Payam Nour University, Tehran, Iran
3- 3.Assistant professor, Department of law, Payam Nour University, Tehran, Iran
4- 4.Assistant professor, Department of law, Payam Nour University, Tehran, Iran
Abstract: (8566 Views)
Victim participation refers to a state in which the victims are granted meaningful right to actively participate in the different stages of proceedings and to present their views and concerns. Truth finding, reconciliation, norm stabilization, and restoration of the rule of law are considered among the most important objectives of participation.
Rome Statute has not recognized a real right for initiation of the proceedings for the victims and, in this stage, their participatory rights in initiation of investigations is very limited. But compared to this stage, the International Criminal Court has accepted relatively wider participatory rights for the preliminary investigations’ stage. However, Rome Statute and other provisions of court give little guidelines about the nature of "participation", details, conditions, and the way of its application to judges. Generality, vagueness, complexity and contradictory nature of the Rome Statute and other provisions of the court on the victims' participation, particularly about investigation, allow the prosecutors and judges to make decisions with a broad approach with the possibility of imposing personal preferences.
The lack of consistency and coherent function and procedures of the court in victim participation, in more than a decade of its establishment, indicate an almost symbolic participation for the victims, regarding the irregular participation and enjoyment of correct, and adequate guidance and assistance.
*Corresponding Author’s E-mail: mohsenlalalizadeh@yahoo.com
Keywords: Victim, participation, International Criminal Court, Preliminary investigation, RestorativeJustice
Received: 2013/05/8 | Accepted: 2014/06/21 | Published: 2014/06/21
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