Victims' access and compensation before international criminal courts

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School of Criminology - Simon Fraser University

This thesis examines the issues of victim access to, and potential compensation by, international criminal tribunals in the past, present and future. Traditionally, international criminal tribunals have been primarily characterized by their ad hoc and punitive nature as well as by their apparent neglect of the rights of victims and, in particular, of victims' entitlement to compensation. The International Criminal Tribunal for the former Yugoslavia (ICTY) is critically analyzed as an exemplar of this traditional approach. The creation of the permanent International Criminal Court (ICC) has provided an opportunity for a greater recognition of the rights of victims to participate in court hearings and to receive compensation. The thesis compares the new victim provisions introduced by the ICC with the inadequate and arbitrary treatment of victims by the ICTY and makes recommendations for the enhancement of victims' rights in proceedings conducted by the ICC in the future.

Thesis type: 
Thesis (M.A.)
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