Victims as a Third Party: Empowerment of Victims?

Abstract

This article examines whether victims can claim rights of their own before international criminal courts. These courts remain divided on the role of victims. Even when they allow victims to participate and claim reparation, it is a restricted participation. Before the icc victims have a third-party role, being merely additional to the procedure. What’s more victims are treated collectively. They are assigned a collective representative, their right to choose legal counsel thus not being an absolute right. Due to the high number of victims and with an apparent wish to bring as many victims as possible in the procedure, also reparations are granted collectively. Reparations are provided to victims and communities even if they have not applied for reparations, setting aside individual claims. The result is that victims are the target of reparation, they are treated as objects rather than subjects who can demand a remedy.