International Criminal Court cases not fully representing victims of crimes, study warns
The study says the ICC needs a more inclusive victim participation scheme and more rigorous monitoring and reporting on the demographics of victims
Victims who participate in proceedings at the International Criminal Court are unlikely to be fully representative of the communities harmed by the crimes that have been charged, a new study warns.
The research shows there are a wide range of barriers to certain groups participating in court action, which may limit their ability to access justice through the ICC.
This conflicts with the ICC’s legal framework and goals, and limits victim agency and voice.
The study shows victims are likely to be under-represented on the basis of age, gender and disability, as well as sexual orientation, membership of a displaced, indigenous or rural community, and socio-economic status.
It concludes that the ICC needs a more inclusive victim participation scheme and more rigorous monitoring and reporting on the demographics of victims that participate in ICC proceedings.
The study, published in the Leiden Journal of International Law, is by Dr Annika Jones from the University of Exeter Law School.
Dr Jones conducted an anonymous online survey of professionals working in and around the ICC from December 2023 to January 2024, which was completed by 27 respondents. This included practitioners in all of the key sections of the court (OPCV, VPRS, TFV), as well as independent counsel and prominent NGOs working on ICC victim participation.
The study revealed a range of barriers to inclusion including numerous procedural barriers to registration and participation as a victim in ICC proceedings, as well as issues relating to the content and interpretation of the ICC’s crimes, the selection of situations and cases by the OTP, judicial deadlines and the effectiveness of victims’ legal representation.
Dr Jones said: “These barriers need to be addressed through the ICC’s law and procedure. They are exacerbated by a plethora of general constraints on the victim participation regime, which reduce the capacity of the ICC and its teams to focus upon and promote inclusion in its processes”.
