Suchergebnisse

Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Acknowledgements -- List of acronyms and abbreviations -- Chapter 1 Introduction -- 1.1 Victims in international criminal proceedings: a vexata quaestio -- 1.2 Towards an expressivist justice model -- 1.3 Bridging the gap between the adversarial and inquisitorial systems -- 1.4 The expressivist capacity of international criminal tribunals and regional human rights courts -- 1.5 Book structure -- References -- Books and journals -- Case -- Legislation -- Chapter 2 Victims' status under theories of criminal justice: A critical perspective -- 2.1 Introduction -- 2.2 Criminal justice theories and the role of victims in proceedings -- 2.2.1 Retributive theories -- 2.2.2 Utilitarian theories -- 2.3 Victimology: a challenge to the traditional criminal justice theories -- 2.3.1 Victims' movement -- 2.4 Determining victims' needs to develop a right to services perspective -- 2.4.1 Victim as consumer of public services -- 2.5 Advancing victims' rights at the procedural level -- 2.5.1 Victims' participation in the sentencing process -- 2.6 A restorative response to victims -- 2.6.1 Understating restorative practices -- 2.6.2 Does restorative justice enhance victims' participatory rights? -- 2.7 Conclusion -- References -- Books and journals -- Legislation -- Chapter 3 Arguments for a change of paradigm in international criminal justice: Shortcomings of the retributive, utilitarian, and restorative models of justice -- 3.1 Introduction -- 3.2 Distinctive features of the international criminal justice system -- 3.2.1 The meaning of 'international community' -- 3.2.2 The nature of international crimes -- 3.3 Plurality of goals ascribed to international criminal justice -- 3.4 Limitations of retributive justice -- 3.5 Limits of deterrence.

This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims' participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice able to provide a worthwhile basis for the participation of victims in proceedings and clarifying the scope and content of their participatory rights. The work provides an in-depth discussion on issues related to victims' participatory rights from the perspective of international human rights law, victimology, and the philosophical foundation of international criminal justice. The book will be a valuable resource for researchers, academics, and policymakers working in the areas of international criminal justice, international human rights law, transitional justice, and conflict studies.