The Victim’s Status in International Criminal Trials

In considering various international jurisdictions, it can be seen that the status of the victim can vary throughout the legal proceedings. However, a certain number of international standards exist for the protection of victims such as:

The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (resolution 40/34 of the UN General Assembly, 1985)

This declaration defined the notion of “victims” as being “persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States”. The text also provides for access to justice and fair treatment, for restitution and compensation, and for the right to receive the necessary assistance during the proceedings.

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Resolution 60/147 of the UN General Assembly, 2005)

In addition to incorporating the above definition on the notion of victim, this resolution went further by extending the definition to include the immediate family or dependents of the direct victim. Similarly, a person may be considered a victim independent of the fact of whether the alleged perpetrator of the crime has or has not yet been identified, arrested, charged or convicted. Finally, the text contains different principles related to the rights of victims amongst which can be mentioned the right to be treated with humanity, the right to remedies, the right to equal and effective access to justice, adequate and prompt reparation for harm suffered, and access to relevant information concerning violations and reparations mechanism.

Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Resolution 2005/20 of the UN Economic and Social Council, 2005).

This text relates more particularly to children and adolescents “under the age of 18, who are victims of crime or witnesses to crime regardless of their role in the offence or in the prosecution of the alleged offender or groups of offenders”. It includes several principles concerning the protection of children, victims or witnesses, such as the right to be treated with dignity and compassion, the right to be protected from discrimination, the right to be informed of the judicial process, the right to be heard and to express views and concerns, the right to effective assistance, the right to privacy, the right to safety and the right to reparation.

It is also intended that these three international texts should be applied at a national level. They have also served as a basis for the treatment of victims within the international criminal jurisdictions such as the International Criminal Tribunal for Rwanda and that of the former Yugoslavia and the International Criminal Court. An international convention on the rights of victims is currently under preparation.