Projektdetaljer
Beskrivelse
Research question
How and why do judges at the International Criminal Court recognise certain victims as emblematic from a broader group of individuals affected by mass atrocities and what are the implications of this practice?
As a novel institutional innovation in international criminal justice, the International Criminal Court (ICC or Court) affords victims the right to participate in proceedings. Previously, victims could only participate as witnesses. A prospective victim-participant must apply to be recognised as such, after which judges will determine whether an individual meets the criteria of being a ‘victim’. The practice of granting victim status has been conspicuously diffuse and varies both between Chambers and from case to case. Drawing on critical victimology’s concern with the construction of victimhood, this project will critically investigate which factors influence judges
adopting, promoting, or stifling certain approaches to granting victim status, contributing to a fuller understanding of how and why specific victims are selected as emblematic from a broader group of individuals affected by mass atrocities. By cataloguing and examining the various approaches, this project will address a significant knowledge gap regarding the process of applying the label ‘victim’ and consequently who can access victims’ participatory rights in international criminal proceedings.
The project aims to make two main contributions to the existing literature on international criminal justice: (1) using a multi-perspective, actor-oriented analysis, the project will shed light on how specific political, legal, and economic contexts have shaped both the ICC and the role of victims within it; and (2) it will provide an empirical contribution to the discussion surrounding the perceived gap between the legitimising value of the abstract ‘imagined victim’ and the extent to which victims are able to access and further their interests within international criminal courts.
How and why do judges at the International Criminal Court recognise certain victims as emblematic from a broader group of individuals affected by mass atrocities and what are the implications of this practice?
As a novel institutional innovation in international criminal justice, the International Criminal Court (ICC or Court) affords victims the right to participate in proceedings. Previously, victims could only participate as witnesses. A prospective victim-participant must apply to be recognised as such, after which judges will determine whether an individual meets the criteria of being a ‘victim’. The practice of granting victim status has been conspicuously diffuse and varies both between Chambers and from case to case. Drawing on critical victimology’s concern with the construction of victimhood, this project will critically investigate which factors influence judges
adopting, promoting, or stifling certain approaches to granting victim status, contributing to a fuller understanding of how and why specific victims are selected as emblematic from a broader group of individuals affected by mass atrocities. By cataloguing and examining the various approaches, this project will address a significant knowledge gap regarding the process of applying the label ‘victim’ and consequently who can access victims’ participatory rights in international criminal proceedings.
The project aims to make two main contributions to the existing literature on international criminal justice: (1) using a multi-perspective, actor-oriented analysis, the project will shed light on how specific political, legal, and economic contexts have shaped both the ICC and the role of victims within it; and (2) it will provide an empirical contribution to the discussion surrounding the perceived gap between the legitimising value of the abstract ‘imagined victim’ and the extent to which victims are able to access and further their interests within international criminal courts.
| Status | Igangværende |
|---|---|
| Effektiv start/slut dato | 01/04/2022 → … |