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Query: faculty: "FdR" and publication year: "2010"

AuthorN. Sarican
TitleThe Evidentiary Role of Victims in the Confirmation of Charges Hearing in Proceedings of the International Criminal Court
SupervisorG.K. Sluiter
Year2010
Pages34
FacultyFaculty of Law
ProgrammeFdR MA International and European Law: Public International Law
Keywordsinternational criminal court; victim participation; evidence production; confirmation of charges hearing
AbstractIt is the aim of this thesis to analyze the reasons for withholding victims from presenting evidence during the Confirmation of Charges in ICC proceedings and, in case these reasons are not convincing, to offer a tentative groundwork accommodating the alternative solution. This may result either in an endorsement of the view that victims should not be able to present evidence during the Confirmation of Charges or in a suggestion to the opposite effect, detailing under what circumstances victims may be allowed to produce evidence during the CoC and which requirements would apply to this modality of participation. Considering the limitations imposed by the topic, I will leave unaddressed the issues of who is entitled to victim status, in whatconditions the personal interests of victims can be considered to be affected and when their participation can be deemed appropriate.The first chapter addresses the evidentiary role of victims by focusing on ICC case-law and specifically the approach taken by the PTC in the Katanga & Chui decision from the perspective of the role of the Pre-Trial Chamber at the Confirmation of Charges. The second chapter focuses on the evidentiary role of victims from the angle of the special nature and purpose of the Confirmation of Charges hearing. The final chapter deals with the conflict of interests between the rights of the accused and victims’ rights against the background of the reconceptualization of fair trial rights not only as fair treatment to the accused but also to the victims and the prosecution.
Document type scriptie master
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