Victims as Agents of Accountability: Strengthening Victims’ Right to Review at the International Criminal Court

Abstract

AbstractProviding justice to victims is one of the most important justifications for international criminal justice. At the International Criminal Court, states have sought to respond to victims’ justice interests in a number of ways, including by allowing victim participation in criminal proceedings. However, while victim participation in domestic criminal courts has evolved to include an accountability function enabling victims to challenge decisions not to prosecute, victims are limited in the extent to which they can perform this same accountability function in relation to decisions not to open an investigation at the International Criminal Court. Empowering victims to request review of a decision not to open an investigation not only enhances procedural justice but enables victims to contribute towards the administration of justice more broadly. This article considers how victims could be provided with a strengthened ability to request review of a decision not to open an investigation at the International Criminal Court. The article suggests amending Article 53 of the Rome Statute to enable victims to request judicial review of a decision not to open an investigation and clarifying the process through which victims can seek internal review of a decision not to open an investigation through the Office of the Prosecutor. Doing so would demonstrate the commitment of states, the Prosecutor and the Court to procedural justice for victims, as well as their support for transparent and accountable decision-making processes.