Two Birds with One Stone: How the Use of the Class Action Device for Victim Participation in the International Criminal Court Can Improve Both the Fight Against Impunity and Victim Participation
Vol. 17
November 2011
Page 111
Victim participation in criminal proceedings is generally a rather new phenomenon. The founders of the International Criminal Court (ICC) chose a broad participation scheme that has been praised as an important and effective means of providing victims of gross violations with a voice, and as a mark of progress for international criminal law. However, the current scheme of victim certification complicates the ICC’s proceedings and contravenes the interests of victims. This article proposes that the ICC should use the class action device for victim participation. Such a managerial tool would simplify victim certification proceedings and empower victims, thereby hitting two birds with one stone. To set the context for this proposal, this article engages in a comparative and international law analysis of victim participation across national and international jurisdictions. It also asserts that the experience of the U.S. class action litigation with mass human rights atrocities can help guide the ICC in dealing with victim issues, especially as victims at the ICC are likely to exceed the Court’s capacity to adequately address their claims.
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Victim participation in criminal proceedings is generally a rather new phenomenon. The founders of the International Criminal Court (ICC) chose a broad participation scheme that has been praised as an important and effective means of providing victims of gross violations with a voice, and as a mark of progress for international criminal law. However, the current scheme of victim certification complicates the ICC’s proceedings and contravenes the interests of victims. This article proposes that the ICC should use the class action device for victim participation. Such a managerial tool would simplify victim certification proceedings and empower victims, thereby hitting two birds with one stone. To set the context for this proposal, this article engages in a comparative and international law analysis of victim participation across national and international jurisdictions. It also asserts that the experience of the U.S. class action litigation with mass human rights atrocities can help guide the ICC in dealing with victim issues, especially as victims at the ICC are likely to exceed the Court’s capacity to adequately address their claims.