The Participation of Victims in International Criminal Proceedings

This book argues that the expressivist justice model, which has the capacity to create a historical narrative of gross human rights violations, provides a meaningful foundation for the participation of victims in international criminal proceedings.

Auteur

Alessandra Cuppini currently works as an Associate Lecturer at the Open University UK. She previously worked as a teaching assistant at the University of Strathclyde. Funded by the highly competitive Campbell Burns scholarship, Alessandra has completed her PhD research on victims' participation in proceedings before the International Criminal Court at the University of Strathclyde. Before this, Alessandra has studied for an LLB and LLM (International Law) at the University of Bologna. Her academic experience includes research stays at the University of Barcelona and the University of Maastricht. She has authored several peer-reviewed publications and she's currently working on a new research project which looks at narrative victimology to analyse the construction of the victims' narrative in the domain of international criminal justice.

Texte du rabat

This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings.

Traditional criminal justice theories have tended to marginalize the role afforded to victims, while informing the criminal procedures utilized by international criminal courts. As a result, giving content to, shaping and enhancing victims' participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims' participatory rights from the perspective of international human rights law, victimology and the philosophical foundation of international criminal justice.

The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international criminal justice, international human rights law, transitional justice and conflict studies.

Contenu

1. Introduction 2. Victims' Status under Theories of Criminal Justice: A Critical Perspective 3. Arguments for a Change of Paradigm in International Criminal Justice: Shortcomings of the Retributive, Utilitarian and Restorative Models of Justice 4. Expressivism: A Philosophical Foundation of International Criminal Justice 5. The expressivist Dimension of Victims' Participation in International Criminal Proceedings: Harmonising the Adversarial and Inquisitorial Systems 6. A Lesson from the Regional Huamn Rights Courts: The Expressivist Underpinning of Victims' Right to Participate in Criminal Proceedings 7. Victims before the Nuremberg IMT, the ICTY and the ICTR: An Expressivist Deficit 8. Expressivism and the Participatory Rights of Victims before the ICC 9. Conclusion Index