Victim Participation at the International Criminal Court: Examining the First Decade of Investigative and Pre-Trial Proceedings

This article examines the first decade of victim participation during investigative and pre-trial proceedings at the International Criminal Court (ICC) to better understand how victims are participating in practice and the potential impact of their involvement. The ICC has adopted numerous measures to streamline victim participation, evolving it into a largely administrative process with judicial oversight. While the literature has feared that victim participation could undermine the rights of the defence, such concerns have arisen infrequently in practice at the investigative and pre-trial phases. Rather, the need for expeditious and efficient proceedings has been a prominent factor. A complex relationship has also developed between victims and the prosecutor where they have been both allied and at odds, depending on the nature of the proceedings. Victims, however, appear to have had an impact on the legal outcomes in only a handful of decisions.