Victims Rights and Advocacy at the International Criminal Court

Hardcover | April 13, 2015

byT. Markus Funk

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Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the InternationalCriminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment ofthe performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor andlaw professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses howto qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure andadvocacy.

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Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the InternationalCriminal Court (ICC) stands as the first and only ...

T. Markus Funk, now in private practice, served as a decorated Chicago federal prosecutor, Section Chief with the U.S. State Department-Balkans, clerk with the federal court of appeals and district court, and law professor at institutions including the University of Chicago, Oxford University, Northwestern University, and the US Depart...

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Format:HardcoverDimensions:592 pages, 9.41 × 6.5 × 1.89 inPublished:April 13, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199941467

ISBN - 13:9780199941469

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Table of Contents

Paolina Massidda: ForewordAbout the AuthorPART I. INTRODUCTIONPART II. A Legacy of Abuse and Suffering Leads to the Birth of the ICCPART III. TRACING THE DEVELOPMENT OF VICTIMS' RIGHTS UNDER INTERNATIONAL LAWA. Victim-Centric Justice of the 1400's - Customary Law As Exemplified By the Code of Leke DukagjiniB. Centralized State Power in the 1700's and 1800's, the Scientification of Criminal Law, And the Decline of Victims' Rights Under Domestic LawC. Twentieth-Century Resurgence of Victims Rights Under Domestic LawD. Victims' Rights Recognized as Part of International LawPART IV. PRIMER ON THE ICCA. Breaking New Ground for Victims' RightsB. The ICC's OperationC. The ICC's Limited Subject-Matter JurisdictionD. Territorial and Personal JurisdictionE. The ICC's Limited Temporal JurisdictionF. The ICC's Due Process GuaranteesG. The "Complementarity" Firewall: Understanding the ICC's Key Admissibility TestH. Case InitiationI. A New Paradigm: The ICC's Hybrid System of AdvocacyJ. Reconciling the ICC's Sweeping Promises to Victims with the Realities on the GroundPART V. THE ROME STATUTE'S GROUNDBREAKING (AND EXPANSIVE) RECOGNITION OF VICTIMS' RIGHTSA. Victims' Rights Enshrined in the ICC's Rome StatuteB. Summary of the ICC's Victim-Related Rules of Procedure and EvidenceC. Select Victim-Rights Case LawD. Exploring the Role of Victims as "Participants" in ICC ProceedingsE. Modality and Extent of Victim Participation Remain UnsettledPART VI. QUALIFYING AS LEGAL COUNSEL FOR VICTIMSA. Becoming a Formally-Recognized ICC "Victim Representative"B. An Alternative Mode of Legal Representation: "Assistant to Counsel"PART VII. STEPS TO FORMAL RECOGNITION AS A "VICTIM"A. The Long and Torturous Road to Formal Recognition as a "Victim"B. Distinguishing Victims from WitnessesPART VIII. PREPARING FOR COMPLEX GROUP REPRESENTATIONA. Promises and Potential Pitfalls of Group Representation - The Class Action ModelB. The Victim Representative's Duty of Loyalty to ClientsPART IX. UNDERSTANDING VICTIMS' INTERESTS AND RECOGNIZING THE IMPORTANCE OF MANAGING AND GUIDING EXPECTATIONSA. Promises Collide With RealityB. Managing ExpectationsC. Ensuring Victims' SafetyPART X. HOLDING A PRE-TRIAL EVIDENTIARY HEARING TO ESTABLISH THE HISTORIC RECORDA. Litigation Aimed At Creating Present and Future Individual (and Group) AccountabilityB. Convening a Pretrial Evidentiary Hearing to Develop the Common Factual Backdrop of the CasePART XI. COMPILING A "VICTIMIZATION DOSSIER" AS A PERMANENT HISTORIC RECORD OF ABUSEA. The Carefully-Tailored Dossier as a Useful Tool for Victim RepresentativesB. Devising Standard Procedures for Compiling EvidenceC. Developing Interview ProtocolsD. Submitting the Dossier to the CourtE. Submitting the Dossier to the Office of the ProsecutorPART XII. PRE-TRIAL PROCEEDINGSA. Functions of the Pre-Trial ChamberB. The Office of Public Council for the DefenseC. Victim Participation in Pre-Trial Investigative ActivitiesD. Pre-Trial Preparation with a Clear Focus on the Main TrialE. Some Observations On Pre-Trial Meetings with WitnessesF. Self-Representation and the Corresponding Threat to the Historic RecordG. The Benefits of Guilty PleasPART XIII. THE MAIN TRIALA. Opening StatementB. Direct Examination of WitnessesC. Introducing ExhibitsD. Cross-ExaminationE. Re-Direct ExaminationPART XIV. SUMMATION AND SENTENCINGA. Summation: Capturing the Whole StoryB. Sentencing: Imposition of JusticePART XV. CONCLUSIONAppendix I. Selected Articles from Rome StatuteAppendix II. Selected Rules of Procedure and EvidenceAppendix III. Regulations of the RegistryAppendix IV. Selected Regulations of the CourtAppendix V. Code of Professional Conduct for CounselAppendix VI. Counsel Participation FormAppendix VII. Request for Participation in Proceedings and Reparations at the ICC for Individual VictimsAppendix VIII. Helping Victims Make Their Voice HeardAppendix IX. Representing Victims before the International Criminal Court: A Manual for Legal RepresentativesTable of AuthoritiesICC Legal ProvisionsIndex

Editorial Reviews

"Funk's primer on how best to represent victims is seasoned with ICC case law and meaningful insights that all ICC victim advocates need to know in order to be effective...T. Markus Funk's Victims' Rights and Advocacy at the International Criminal Court is a valuable read and resource forthose who care about international justice." --Prof. Juliet Sorensen, Book Review, Journal of Criminal Law and Criminology (2010).