Giving Victims a Voice.

• Author: Nainar, Vahida
• Position: Brief Article

Justice traditionally implies prosecution and punishment of the guilty. The July 1998 Rome Statute of the International Criminal Court (ICC) has embodied a concept of justice that goes beyond this; it gives victims a voice--a voice not only to testify and tell their story, but also to participate in court proceedings, with measures to protect their interests and identity. The Court also can award reparations to the victims; this is almost unprecedented. It will be able to prosecute crimes committed on a widespread and systematic scale, which often leave a whole class of victims and survivors who can come forward to tell their stories. They would do so for a variety of reasons: the desire for the truth to be known, to speak for the dead, to demand accountability and to demand justice. For many, real justice will be done only when somehow the harm, be it physical, psychological, material or other, caused by the crimes is repaired even if the reparation is symbolic. Testimonies of victims of sexual violence are most difficult to come by, making such crimes difficult to prosecute. Such broad participation of victims in court proceedings is unheard of in many national judicial systems, both in civil and common law.

Enormous questions of practical significance on the implementation of certain articles arise. Some do emanate from reluctance to accept the broadening of the objectives of a criminal justice system with inclusion of principles of social welfare and justice. Who can be the legal representative of the victims? What if hundreds of victims claim the right to have hundreds of counsels? How will the court decide on reparation, and on what basis? Where will the funds for reparation come from? Should a criminal court provide counselling and therapy? Preparatory Committee meetings for the Court will continue to draft the operative instruments of rules of procedure and evidence which will be vital for the interpretation and implementation of these articles.

The ICC Statute reflects how international humanitarian law has evolved. The principles it enshrines, the experiences the Court may encounter and the continuing development in the field of international humanitarian and criminal law have scope for solutions for some of the above problems to evolve over a period of time. By keeping victims' interests, concerns and rights among its primary objectives, the ICC Statute is poised to do "justice" with a human face and help in the healing process...