Victim participation in international criminal justice: the case of the extraordinary chambers in the courts of Cambodia: real power or empty rhetoric?

Thesis

This thesis critically examines the role, scope and implications of victims' participation in international criminal proceedings, drawing from the development of human rights doctrine, victimology and practices in domestic and international criminal justice systems. The comprehensive and in-depth analysis of the complex and multifaceted legal mechanism of victim participation is conducted primarily through the lens of the Extraordinary Chambers in the Courts of Cambodia (ECCC), examination of which constitutes the core of this thesis. In light of the specific characteristics of international criminal law, this thesis analyses the statutory and jurisprudential developments that have defined the ambit and boundaries of the participation of victims in international criminal proceedings. The research is conducted against a theoretical and case law backdrop, drawing on interviews conducted with judges, lawyers and victims at the ECCC.

The interpretation of victims' participatory rights in international criminal proceedings has been significantly diffuse and at times divergent, betraying a far from cohesive and consistent approach, and making the study of civil party participation at the ECCC an excellent medium through which to explore the breadth of victim participation as a legal mechanism. Victim participation is still in its infancy in international criminal proceedings, and as such, the trials at the ECCC have appeared more as ‘experimenting laboratories' than as processes guided by sound and well-crafted rules and procedures. This thesis argues that whilst the apparent benefits of participation seem self-evident, and may lead, at least in theory, to the realisation of the aspiration of restorative justice for victims, the manner in which civil party participation has been crafted and interpreted in the trials before the ECCC has raised some important issues and questions regarding its role and impact with respect to the functionality of court proceedings, the rights of the accused, and the rights of victims themselves.

Authors: Jasini, R

• DOI: 10.5287/ora-14dv7mvke
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: Victim participation
• Subjects: International criminal law; Victims Rights; Human rights