Judicial discretion in the dark: How an absence of oversight has impacted the evolution of the procedure for reviewing victim applications at the International Criminal Court

The International Criminal Court (ICC) grants victims participation rights upon application, but the review process outlined in the legal framework is impracticable, posing significant operational challenges. The Assembly of States Parties (ASP), the governing body of the Court, acknowledges the issue but offers no resolution. The lack of ASP guidance effectively leaves nessecary procedural amendments to the judges’ discretion, leading to experimentation with alternatives.
Through a socio-legal lens, this chapter examines institutional dynamics shaping victim application review at the ICC, using case-law reviews and interviews. It analyses how the absence of oversight impacts practical implementation and practitioner attitudes. The chapter underscores the need for sustainable solutions to victim participation challenges, emphasizing complexities practitioners encounter when navigating institutional pressures without clear directives. This examination reveals the role of institutional dynamics in shaping the procedure and highlights the pressing need for procedural clarity and sustainable practices within the ICC.