Victims' rights and advocacy at the International Criminal Court /
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| Author / Creator: | Funk, T. Markus, author. |
|---|---|
| Edition: | Second edition. |
| Imprint: | New York, NY : Oxford University Press, [2015] |
| Description: | xix, 568 pages ; 25 cm |
| Language: | English |
| Subject: | |
| Format: | E-Resource Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/10163368 |
Table of Contents:
- Foreword
- About the Author
- Part I. Introduction
- Part II. A Legacy of Abuse and Suffering Leads to the Birth of the ICC
- Part III. Tracing the Development of Victims' Rights Under International Law
- A. Victim-Centric Justice of the 1400s-Customary Law as Exemplified by the Code of Leke Dukagjini
- B. Centralized State Power in the 1700s and 1800s, the "Scientification" of Criminal Law, and the Decline of Victims' Rights Under Domestic Law
- 1. The Classical School of Criminology
- 2. The Positivist School of Criminology and Beyond
- C. Twentieth-Century Resurgence of Victims' Rights Under Domestic Law
- D. Victims' Rights Recognized as Part of International Law
- 1. International Law's Recognition of Individual Rights
- 2. Victims' Rights Under International Law
- Part IV. Primer on the ICC
- A. Breaking New Ground for Victims' Rights
- B. The ICC's Operation
- C. The ICC's Limited Subject-Matter Jurisdiction
- 1. The Crime of Genocide
- 2. Crimes Against Humanity
- 3. War Crimes
- 4. The Crime of Aggression
- D. Territorial and Personal Jurisdiction Requirements
- E. The ICC's Limited Temporal Jurisdiction
- F. The ICC's Due Process Guarantees
- G. The "Complementarity" Firewall: Understanding the ICC's Key Admissibility Test
- H. Case Initiation
- 1. State Party Initiation or Security Council Referral
- 2. The Prosecutor's Initiation of a Case
- 3. Prosecutorial Guidelines; Determining the "Gravity' of a Case
- I. A New Paradigm: The ICC's Hybrid System of Advocacy
- J. Reconciling the ICC's Sweeping Promises to Victims with the Realities on the Ground
- 1. Understanding ICC Judges' Background, Habits, and Competence
- 2. The Office of the Prosecutor
- Part V. The Rome Statute's Groundbreaking (and Expansive) Recognition of Victims' Rights
- A. Victims' Rights Enshrined in the ICC's Rome Statute
- B. Summary of the ICC's Victim-Related Rules of Procedure and Evidence
- C. Exploring the Role of Victims as "Participants" in ICC Proceedings
- D. The Modality and Extent of Victim Participation Remain Unsettled
- Part VI. Qualifying as Legal Counsel for Victims
- A. Becoming a Formally Recognized ICC "Victim Representative"
- B. An Alternative Mode of Legal Representation: "Assistant to Counsel"
- Part VII. Steps to Formal Recognition as a "Victim"
- A. The Long Road to Formal Recognition as a "Victim"
- B. Victims as Witnesses
- Part VIII. Preparing for Complex Group Representation
- A. Promises and Potential Pitfalls of Group Representation-The Class Action Model
- B. The Victim Representative's Duty of Loyalty to Clients
- Part IX. Understanding Victims' Interests and Recognizing the Importance of Managing and Guiding Expectations
- A. Promises Collide with Reality
- B. Managing Expectations
- C. Ensuring Victims' Safety
- Part X. Holding a Pre-Trial Evidentiary Hearing to Establish the Historic Record
- A. Litigation Aimed at Creating Present and Future Individual (and Group) Accountability
- B. Convening a Pre-Trial Evidentiary Hearing to Develop the Common Factual Backdrop of the Case
- Part XI. Compiling a "Victimization Dossier" as a Permanent Historic Record of Abuse
- A. The Carefully Tailored Dossier as a Useful Tool for Victim Representatives
- B. Devising Standard Procedures for Compiling Evidence
- C. Developing Interview Protocols
- D. Submitting the Dossier to the Court
- 1. The Most Promising Submission Options
- 2. Other Submission Alternatives
- E. Submitting the Dossier to the Office of the Prosecutor
- Part XII. Pre-Trial Proceedings
- A. Functions of the Pre-Trial Chamber
- B. The Office of Public Counsel for the Defense
- C. Victim Participation in Pre-Trial Investigative Activities
- D. Pre-Trial Preparation with a Clear Focus on the Main Trial
- 1. Developing the Theory of the Case
- 2. Framing the Elements of the Crime(s)
- 3. Identifying and Developing the Critical Facts
- 4. Constructing an "Order of Proof"
- 5. Outlining Direct and "Adverse" Examination
- 6. Preparing the Exhibit List
- 7. Honest Evaluation Required: Critical Examination of the Victims' Case
- 8. Preparing a Preliminary Trial Checklist
- 9. Creating a Trial Notebook
- 10. Complying with Pre-Trial Discovery and Disclosure Obligations
- E. Some Observations on Pre-Trial Meetings with (Potential) Witnesses
- F. Self-Representation and the Corresponding Threat to the Historic Record
- G. The Benefits of Guilty Pleas
- Part XIII. The Main Trial
- A. Opening Statement
- B. Direct Examination of Witnesses
- 1. Purpose of Direct Examination: Telling the Story of the Case from the Victims' Perspective
- 2. Structuring the Direct Examination
- 3. Conducting the Direct Examination
- a. Official Witnesses
- b. Third-Party Witnesses
- c. Cooperating Witnesses
- d. Expert Witnesses
- 4. Leading Questions
- C. Introducing Exhibits
- 1. The ICC's General Rules of Admissibility
- 2. Developing the Necessary Foundation to Admit Evidence
- a. Tape Recordings
- b. Photographs
- c. Business Records
- d. Signatures
- e. Handwritten Documents
- f. Diagrams and Demonstrative Exhibits
- D. Crass-Examination
- 1. Cross-Examining on Prior Inconsistent Statements
- 2. Cross-Examining Expert Witnesses
- E. Re-Direct Examination
- Part XIV. Summation and Sentencing
- A. Summation: Capturing the Whole Story
- B. Sentencing: Imposition of Justice
- 1. Available Categories of Punishment: Imprisonment, Fines, Forfeiture, and Reparations
- 2. Reparations
- 3. Bifurcating the Guilt Phase from the Reparations Phase
- 4. Preparing the Victims' Sentencing Memorandum
- Part XV. Conclusion
- Appendix I. Selected Articles from Rome Statute
- Appendix II. Selected Rules of Procedure and Evidence
- Appendix III. Selected Regulations of the Registry
- Appendix IV. Selected Regulations of the Court
- Appendix V. Code of Professional Conduct for Counsel
- Appendix VI. Counsel Participation Form
- Appendix VII. Request for Participation in Proceedings and Reparations at the ICC for Individual Victims
- Appendix VIII. Helping Victims Make Their Voice Heard (Office of Public Counsel for Victims Publication)
- Appendix IX. Representing Victims Before the International Criminal Court: A Manual for Legal Representatives
- Table of Authorities
- ICC Legal Provisions
- Index
