The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

What is it about?

This monograph analyzes the right to access to justice under international law of victims of human rights violations, paying special attention to this right in criminal proceedings before national, international and hybrid tribunals. In particular, the book reflects on the following question: Should victims of these infringements be granted under international law the rights of access to and participation in criminal proceedings before such tribunals? The work applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law and in the common law and the civil law tradition in this area, the monograph argues that the lack of recognition, under customary international law, of the rights of access to and participation in criminal proceedings for victims of these violations is inadequate, because these rights are based on several internationally recognized human rights and principles, contribute to the expressivist objectives of these proceedings, and are consistent with the principles that inform the enforcement of criminal law in democratic States. The book also identifies which specific victim rights arise from victim access to and participation in criminal proceedings as understood in this monograph. More broadly, the work assesses the contribution of prosecution initiatives, and victims' procedural rights therein, to strategies to address mass serious human rights violations and to peacebuilding efforts. Lastly and on the basis of the analysis made, the book convincingly suggests concrete reforms. By so doing, the monograph fills the various gaps that exist in the current literature in the topic. The latter by and large limits itself to examining, mostly from a positivistic perspective, victim access to and participation in international criminal proceedings, particularly before the International Criminal Court, or before domestic courts covering only common law jurisdictions.

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Why is it important?

Reviews: "This meticulous study on the position of victims with respect to prosecutions for serious human rights violations before international, hybrid and domestic courts maps the landscape, points to the deficiencies and indicates areas for reform. Nothing comparable exists in the literature." - William Schabas, Professor of International Law, Middlesex University "This book addresses the question of the rights of victims of serious human rights violations in a comprehensive and insightful manner, particularly victims' access to and participation in criminal proceedings... It is a major contribution to the field, and as such, it is one of those books that should be read by anyone interested in the protection of human rights and victims' rights." - M. Cherif Bassiouni, Emeritus Professor of Law, DePaul University and United Nations, Independent Expert on the Rights of Victims (1998-2002) "This monograph offers a very comprehensive review of international instruments and case-law regarding victims' rights. It also refreshingly incorporates a normative bent...In a field often permeated with polemic and plied with pre-conception, this book is refreshingly careful, detailed, extensively researched, and prudent." - Mark A. Drumbl, Professor of Law and Director, Transnational Law Institute, Washington and Lee University "Juan Carlos Ochoa makes a compelling case for the rights of victims in criminal justice procedures for serious human rights violations." - Karol Nowak, Assistant Professor, Lund University