Abstract
The book titled ‘The Participation of Victims in International Criminal Proceedings: An Expressivist Justice Model’ holds a significant place in the realm of modern international criminal justice. In the past, as noted by other authors, victims often received little recognition within the criminal justice system and were considered as ‘forgotten man’. However, contemporary developments have led to a notable shift in focus, with victims now gaining increased attention and active involvement in criminal proceedings. Despite the revolutionary transformation in victims’ participation, the question of just how meaningful their participation truly is still lingers. The author of this book introduces a compelling concept with the title ‘expressivist justice model’, signifying that international criminal justice is evolving into a forum where the voices of victims can be acknowledged and heard. This shift not only marks a departure from the historical neglect of victims but also underscores the evolving nature of justice on the global stage, one that places a premium on recognizing and engaging with the experiences and perspectives of those directly affected by international crimes.
The book is structured into nine chapters, collectively providing a comprehensive exploration of the expressivist justice model in the context of international criminal proceedings. It begins by introducing the model and its relevance. Subsequent chapters delve into the challenges victims face within existing theories of criminal justice, offering a philosophical perspective on the expressivist approach, and highlighting its integration into international criminal proceedings. Findings from regional human rights institutions enrich the practical dimension. The book critically examines the limitations of the expressivist approach in various international tribunals. Finally, it concludes by advocating for a departure from traditional retributive, deterrent, and restorative models in favor of a more victim-centric and expressive approach to international justice.
In the initial chapter of her book, the author dissects the retributive and utilitarian theories while also examining the significance of the victims. Furthermore, she delves into the historical emergence of victims’ rights following the Second World War and provides a critical assessment of the restorative approach to victims, highlighting the shortcomings of restorative justice.
In the following chapter, the author conducts a thorough examination of the distinct characteristics of international crimes and assesses the effectiveness of international criminal mechanisms in achieving their objectives, with a specific focus on the perspective of the victims. The author raises concerns about the feasibility of grounding international criminal justice solely on retributive principles and questions the deterrent impact of international criminal justice. Furthermore, the author presents compelling arguments outlining the challenges associated with implementing restorative justice within this context. From the author’s perspective, the International Criminal Court (ICC) does not align with the fundamental tenets of restorative justice, primarily because these principles were initially designed to address restorative processes at the domestic level.
In the next chapter, the author delves into the distinctions between civil law and common law systems, emphasizing that victims’ involvement in legal proceedings serves as a vital bridge between these two different systems. The author recognizes that the active participation of victims significantly contributes to international criminal justice and sends a powerful message about fairness to victims. In addition, the author explores how regional human rights courts approach victims’ participation in national criminal proceedings. It could be intriguing if the author also raised the question of whether victims as complainants before the human rights’ regional courts against their own states may also be considered as a platform to voice their concerns.
The author also discusses the evolution and increased significance of victims in international criminal trials, tracing the development of their role from the International Military Tribunal (IMT) to the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). The author highlights the different approaches taken by these institutions when handling victims’ testimonies. It is evident that there has been a transformation in the role of victims in international criminal justice. Even in the Istanbul trials, witness-victims were heard, but the concept of victims’ roles changed notably after the Second World War when victims gained more prominence in public discourse. In the final chapter, the author explores the various approaches adopted during the early stages of the ICC history regarding victim participation. The author describes the different rights that victims have in the investigative, pre-trial, and trial stages. The conclusion reached is that it is essential to move away from the punitive, deterrent, and restorative models of criminal justice and instead embrace an expressivist approach. This approach not only emerges as a fundamental aspect of international criminal justice but also serves as a means to effectively tailor victims’ participatory rights while reconciling the divergent understandings of their role.
This book paints a positive picture of emphasizing its relevance, depth of analysis, and the fresh perspective it offers in the field of international criminal justice. It is indeed a significant contribution that will be of great interest to scholars, practitioners, and anyone concerned with the rights and roles of victims in international legal proceedings. This research provides a thought-provoking, innovative, and comprehensive perspective on the rights and roles of victims in international legal proceedings.