Developing A Framework For The Legal Rights of Victims & Witnesses - What can European Institutions & The International Criminal Court Learn From Each Other?

auteurs Neil Paterson
  Gert Vermeulen
tijdschrift GofS (ISSN: )
jaargang 2009
aflevering Readings on Criminal Justice, Criminal Law & Policing
onderdeel Artikelen
publicatie datum 17 maart 2009
taal English
pagina 125
samenvatting

This contribution sets out to explore the manner in which the Council of Europe, European Union and the International Criminal Court have attempted to address the position and treatment of victims and witnesses by way of legal instruments, statute and procedure. After highlighting the emergence of victims and witnesses as an area of concern in the field of criminal justice, the impact of criminal victimisation and the difficulties faced in translating studies assessing the impact of crime into tangible needs which can be addressed by the criminal justice system are briefly explored. In light of these problems, material produced by three nongovernmental organisations with experience in the field of victim advocacy is reviewed and the commonalities in respect of what victimsmay require fromboth
domestic and international criminal justice systems are identified. These themes are then used as a template against which the content of selected legal instruments emanating from the Council of Europe and the European Union alongside the provisions of the International Criminal Court may be assessed. The following section explores the contents of these instruments and provisions in more detail highlighting a number of issues which are illustrative of good practice. The contribution concludes with a brief discussion concerning the challenges facing both European institutions and the ICC regarding the practical implementation of their respective measures.