Saturday, 6 October 2012

Interesting Decision on Victim Participation at the International Criminal Court

An interesting decision on victim participation has been issued by Trial Chamber V of the International Criminal Court, which is hearing the Muthuara and Kenyatta case in the Situation in Kenya. One of the members of the Trial Chamber, Judge Van den Wyngaert, has already made her views known about witnesses and their participation in public lectures and in an article in the Case Western Journal of International Law.
One of the interesting features of the decision is the adoption of an innovative approach that may not be entirely in line with what is prescribed in the Rules of Procedure and Evidence. There is a discussion of the relationship between the Statute and the subsidiary legal instruments.

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