The Status of Victim in the International Criminal Court: the Importance of a Communicative approach

Abstract

This paper studies the recognition of victim status by the International Criminal Court from a communicative perspective. Assuming that the victim may contribute to censorship past behaviours and to take a decision that can be rationally accepted by all of those involved in international criminal proceedings. However, the positive impact of victim participation requires, in first place the maintenance of the internal logic of the reasoning processes that occur in international criminal proceedings, and second to respect the rights of the accused. The necessary recognition that be- fore the Court victims and defendants are juridical equal, it requires to affirm the restorative potential of the decisions taken on the victim status basis. This article argues that the distinction between decisions taken on the victim status basis and on the victim participation basis is necessary.