Locating Victim Communities within Global Justice and Governance

• Main Author: FINDLAY, Mark
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2011
• Subjects: Criminal justice; International cooperation; victims; international trials; Criminal Law; International Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/2097; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99318369202601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=INK&adaptor=Local%20Search%20Engine&tab=INK&query=any,contains,International%20and%20Comparative%20Criminal%20Justice%20and%20Urban%20Governance&offset=0
• Institution: Singapore Management University

Those who would like to see the international criminal trial remain a retributive endeavour reflecting the conventional features and characteristics of domestic trials are concerned that enhancing victim constituency for the international trial process will endanger its limited potential success. Some critics declare that the International Criminal Tribunal for the former Yugoslavia (ICTY) in particular has achieved legitimacy through the effective prosecution of significant offenders important to many victim communities. In this, it is argues, lies sufficient justification for the expansion of a retributive international trial process in the form of the International Criminal Court (ICC). In addition, the disclosure debacle around the first ICC indictment, which clearly divided the interests of the prosecutor and of victims heightens the challenges to conventional trial positioning if victim interests are given standing.