Uche, M. 2025. The Time is Now: How Recent Policy Evolutions at the ICC May Deliver on the Promise of Partnership and Bringing Justice Closer to Victims. Law and Society Annual Meeting 2025. Chicago, United States of America 22 - 25 May 2025
| Title | The Time is Now: How Recent Policy Evolutions at the ICC May Deliver on the Promise of Partnership and Bringing Justice Closer to Victims |
|---|---|
| Authors | Uche, M. |
| Type | Conference paper |
| Abstract | Proceedings before the International Criminal Court (ICC or the Court) can be an integral part of an encompassing transitional justice process when domestic and other formal justice mechanisms may be unavailable for various reasons. The principle of complementarity is thereby essential to determine whether and by whom justice must be served. In April 2024, the ICC's Office of the Prosecutor published its first Policy on Complementarity and Cooperation. The policy emphasizes, among other things, closer engagement with victims and affected communities, and the ambition of bringing justice closer to victims. This paper examines how this policy could contribute to meaningful victim engagement in formal institutions throughout all stages of ICC proceedings. It argues that the new policy reflects a broader evolution of victims' roles in international law: from non-recognition to justice actors with individual rights. The paper reflects on how the modalities, logic and aspirations of this policy can be better understood by analysing them through the lens of generations of victim participation. To this end, the paper also asks whether the new policy may potentially spark victims' interests in other - formal or informal - avenues for redress. The Court continues to circumscribe victims' access and engagement during crucial stages of proceedings. The paper concludes that, despite positive elements of the policy, structural changes at the ICC would be needed to ensure victims' meaningful contributions. |
| Keywords | Victims’ participation; victim-oriented justice; complementarity; International Criminal Court; ICC; Policy on Complementarity and Cooperation; transitional justice; victims’ rights; regional mechanisms |
| Year | 2025 |
| Conference | Law and Society Annual Meeting 2025 |
| Accepted author manuscript | File Access Level Open (open metadata and files) |
| Publisher's version | File Access Level Open (open metadata and files) |