AbstractThe International Criminal Court has been hailed as justice for victims on account of its Statute including a number of articles on victims such as participation, protection and reparations. These victim articles challenge the traditional trial proceedings of international criminal justice which previously excluded them. This thesis analyses the extent to which the International Criminal Court (ICC) can deliver justice to victims by evaluating its proceedings, outcomes and impact on the domestic situation in Uganda. The thesis begins by outlining a theory of justice for victims, relying on the jurisprudence of international law and human rights law as well as victimology, so as to guide later analysis. The decisions of previous international criminal tribunals are also assessed to provide a historical background to developments at the ICC. Examination of the proceedings and outcomes of the ICC is carried out through scrutinising the Court’s legal basis and decisions on victims, as well as considering the travaux preparatoires of the Rome Statute and relevant academic commentaries. A case study of Uganda is used to demonstrate the role of the ICC in catalysing domestic mechanisms for victims’ redress. The views of victims collected from field research in Uganda are used to provide a more contextual perspective on developments. The thesis concludes by finding that justice for victims at the ICC has not yet been achieved with victims having a largely symbolic role.
|Date of Award||Dec 2012|
|Supervisor||Tomoya Obokata (Supervisor) & Jean Allain (Supervisor)|
The international criminal court : justice for victims of international crimes?
Moffett, L. (Author). Dec 2012
Student thesis: Doctoral Thesis › Doctor of Philosophy