Victim Legal Representation before the ICC and ECCC

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Abstract

Victims have often been the justification of international criminal trials, but only recently allowed to participate in proceedings. With the provision of victim participation at the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia there is a growing literature in international criminal justice exploring the role of victims in such proceedings. This article provides an empirical contribution to this literature, drawing from fieldwork conducted in Uganda and Cambodia to examine the role of legal representatives in furthering victims’ rights and interests within international criminal courts. The article analyses the concepts of victim agency and voice and the practice of representation within the courts, assessing the extent to which victims are able to exercise agency and voice through representation. It argues that victims are having their agency limited by restrictions placed on their ability to choose representatives, and that the introduction of common representation has collectivised victims’ voices, leading to disputes surrounding who may legitimately represent victims.
Original languageEnglish
Pages (from-to)713–740
JournalJournal of International Criminal Justice
Volume15
Issue number4
Early online date03 Jul 2017
DOIs
Publication statusPublished - Sep 2017

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