
Victims' Rights and Advocacy at the International Criminal Court.
Title:
Victims' Rights and Advocacy at the International Criminal Court.
Author:
Funk, T. Markus.
ISBN:
9780199774463
Personal Author:
Physical Description:
1 online resource (478 pages)
Contents:
Contents -- Foreword -- About the Author -- PART I. Introduction -- PART II. A Legacy of Abuse and Suffering Leads to the Birth of the ICC -- PART III. Tracing the Development of Victims' Rights Under International Law -- A. Victim-Centric Justice of the 1400s-Customary Law As Exemplified By the Code of Leke Dukagjini -- B. Centralized State Power in the 1700s and 1800s, the Scientification of Criminal Law, and the Decline of Victims' Rights Under Domestic Law -- 1. The Classical School of Criminology -- 2. The Positivist School of Criminology and Beyond -- C. Twentieth-Century Resurgence of Victims' Rights Under Domestic Law -- D. Victims' Rights Recognized as Part of International Law -- 1. International Law's Recognition of Individual Rights -- 2. Victims' Rights Under International Law -- PART IV. Primer on the ICC -- A. Breaking New Ground for Victims' Rights -- B. The ICC's Operation -- C. The ICC's Limited Subject-Matter Jurisdiction -- 1. The Crime of Genocide -- 2. Crimes Against Humanity -- 3. War Crimes -- 4. The Crime of Aggression -- D. Territorial and Personal Jurisdiction Requirements -- E. The ICC's Limited Temporal Jurisdiction -- F. The ICC's Due Process Guarantees -- G. The "Complementarity" Firewall: Understanding the ICC's Key Admissibility Test -- H. Case Initiation -- 1. State Party Initiation or Security Council Referral -- 2. The Prosecutor's Initiation of a Case -- 3. Prosecutorial Guidelines: Determining the "Gravity" of a Case -- I. A New Paradigm: The ICC's Hybrid System of Advocacy -- J. Reconciling the ICC's Sweeping Promises to Victims with the Realities on the Ground -- 1. Understanding ICC Judge's Background, Habits, and Competence -- 2. The Office of the Prosecutor -- PART V. The Rome Statute's Groundbreaking (and Expansive) Recognition of Victims' Rights -- A. Victims' Rights Enshrined in the ICC's Rome Statute.
B. Summary of the ICC's Victim-Related Rules of Procedure and Evidence -- C. Exploring the Role of Victims as "Participants" in ICC Proceedings -- D. The Modality and Extent of Victim Participation Remain Unsettled -- PART VI. Qualifying as Legal Counsel for Victims -- A. 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 Road to Formal Recognition as a "Victim" -- B. Victims as Witnesses -- PART VIII. Preparing for Complex Group Representation -- A. Promises and Potential Pitfalls of Group Representation-The Class Action Model -- B. The Victim Representative's Duty of Loyalty to Clients -- PART IX. Understanding Victims' Interests and Recognizing the Importance of Managing and Guiding Expectations -- A. Promises Collide With Reality -- B. Managing Expectations -- C. Ensuring Victims' Safety -- PART X. Holding a Pre-Trial Evidentiary Hearing to Establish the Historic Record -- A. Litigation Aimed at Creating Present and Future Individual (and Group) Accountability -- B. Convening a Pre-Trial Evidentiary Hearing to Develop the Common Factual Backdrop of the Case -- PART XI. Compiling a "Victimization Dossier" as a Permanent Historic Record of Abuse -- A. The Carefully Tailored Dossier as a Useful Tool for Victim Representatives -- B. Devising Standard Procedures for Compiling Evidence -- C. Developing Interview Protocols -- D. Submitting the Dossier to the Court -- 1. The Most Promising Submission Options -- 2. Other Submission Alternatives -- E. Submitting the Dossier to the Office of the Prosecutor -- PART XII. Pre-Trial Proceedings -- A. Functions of the Pre-Trial Chamber -- B. The Office of Public Counsel for the Defense -- C. Victim Participation in Pre-Trial Investigative Activities.
D. Pre-Trial Preparation With a Clear Focus on the Main Trial -- 1. Developing the Theory of the Case -- 2. Framing the Elements of the Crime(s) -- 3. Identifying and Developing the Critical Facts -- 4. Constructing an "Order of Proof '" -- 5. Outlining Direct and "Adverse" Examination -- 6. Preparing the Exhibit List -- 7. Honest Evaluation Required: Critical Examination of the Victims' Case -- 8. Preparing a Preliminary Trial Checklist -- 9. Creating a Trial Notebook -- 10. Complying with Pre-Trial Discovery and Disclosure Obligations -- E. Some Observations on Pre-Trial Meetings With (Potential) Witnesses -- F. Self-Representation and the Corresponding Threat to the Historic Record -- G. The Benefits of Guilty Pleas -- PART XIII. The Main Trial -- A. Opening Statement -- B. Direct Examination of Witnesses -- 1. Purpose of Direct Examination: Telling the Story of the Case from the Victims' Perspective -- 2. Structuring the Direct Examination -- 3. Conducting the Direct Examination -- 4. Leading Questions -- C. Introducing Exhibits -- 1. The ICC's General Rules of Admissibility -- 2. Developing the Necessary Foundation to Admit Evidence -- D. Cross-Examination -- 1. Cross-Examining on Prior Inconsistent Statements -- 2. Cross-Examining Expert Witnesses -- E. Re-Direct Examination -- PART XIV. Summation and Sentencing -- A. Summation: Capturing the Whole Story -- B. Sentencing: Imposition of Justice -- 1. Available Categories of Punishment: Imprisonment, Fines, Forfeiture, and Reparations -- 2. Reparations -- 3. Bifurcating the Guilt Phase from the Reparations Phase -- 4. Preparing the Victims' Sentencing Memorandum -- PART XV. Conclusion -- Appendix I. Selected Articles from Rome Statute -- Appendix II. Selected Rules of Procedure and Evidence -- Appendix III. Regulations of the Registry -- Appendix IV. Selected Regulations of the Court.
Appendix V. Code of Professional Conduct for Counsel -- Appendix VI. Counsel Participation Form -- Appendix VII. Victim Participation Form -- Appendix VIII. Reparations Form -- Table of Authorities -- ICC Legal Provisions -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W.
Abstract:
Victims' Rights and Advocacy at the International Criminal Court is the first detailed analysis of the newly-recognized right of victims to participate in the trials of their accused abusers. Author T. Markus Funk draws on his extensive background in international criminal law and litigation to walk the reader through this unique - and, indeed, controversial - body of procedural and substantive rights for victims of atrocity crimes. To set the stage for his analysis, Mr. Funk provides a historical account of the ICC's creation and the origins of victims' rights. In addition, Mr. Funk gives the reader practical guidance on what it takes to litigate cases before the Court. This background, in turn, allows the reader to work through a number of key questions: How does the ICC function and how is it structured? What are the legal, theoretical, and political pillars upon which the ICC is built? What is the proper role for victims in atrocity crimes litigation? How successfully has the ICC lived up to its promises to victims? How does one become an ICC victim representative, prosecutor, or judge, and what does it take to fulfill the mandate of these positions? What are the costs and benefits sovereign nations must weigh before joining the ICC? What institutional flaws have kept the ICC, as well as other predecessor ad hoc tribunals, from meeting the weighty expectations they have set for themselves and the world community? In addition to addressing these key issues, Mr. Funk proposes concrete reforms to help the ICC fulfill its mission of effectively redressing past atrocities, while preserving the rights of both victims and the accused. The book also presents a detailed explanation of the ICC's rules of procedure and evidence and other practical issues impacting the Court's daily litigation practice. Featuring a foreword by Paolina Massidda, Principal
Counsel of the Office of Public Counsel for Victims at the International Criminal Court, Victims' Rights and Advocacy at the International Criminal Court equips lawyers, victim advocates, academics, government officials, and other interested Court observers and decision-makers with a thorough understanding of the promises and potential pitfalls of victim advocacy, and, indeed, advocacy in general, at the ICC. The book, therefore, is an indispensable guide to anyone interested in this new, important and constantly-evolving juridical body.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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