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| Acknowledgments | |
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| List of Abbreviations | |
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| Introduction | |
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| Introduction | |
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| Victims and Criminal Justice | |
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| International Criminal Trials | |
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| Core Themes: The Link between Human Rights, International Criminal Justice and Victims� Rights | |
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| Fair Trial Standards | |
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| Victims� Procedural Rights | |
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| Central Research Question | |
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| Structure | |
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| Aim and Methodology | |
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| Conclusion | |
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| Origins and Influence | |
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| Victims and Theories of Criminal Justice | |
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| Introduction | |
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| Distinctions between Civil Litigation and Criminal Law | |
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| Traditional Theories of Criminal Justice: Where Do Victims Fit In? | |
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| Retributivism | |
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| Utilitarianism | |
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| Reforming Criminal Justice Institutions | |
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| Victims� Interests: What Do Victims Want? | |
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| Restorativism | |
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| Mixed Theories of Criminal Justice | |
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| Criminal Justice Theories, Victims and International Criminal Justice | |
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| Traditional Theories at the International Level | |
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| Restorativism at the International Level | |
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| Conclusion | |
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| Domestic Criminal Justice and Victim Participation Models | |
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| Introduction | |
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| Comparing Traditions, Systems and Approaches | |
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| Civil Law and Common Law Traditions | |
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| The Inquisitorial Procedural Approach | |
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| The Adversarial Procedural Approach | |
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| Conceptualizing Participation | |
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| Models of Victim Participation at the Domestic Level | |
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| Complainant | |
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| Victim-Witness | |
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| Civil Party/Civil Complainant | |
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| Private/Subsidiary/Auxiliary Prosecutor | |
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| Impact Statement Provider | |
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| Restorative Practices | |
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| Reflections on Victim Participation: A Fundamental Divide Concerning the Role and Rights of Parties, Participants and Courts | |
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| Conclusion | |
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| International Developments and Victims of Crime | |
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| Introduction | |
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| UN General Assembly Declarations | |
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| Victims� Declaration | |
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| Basic Principles | |
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| Human Rights Bodies and Victims� Rights | |
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| Human Rights Committee | |
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| European Court of Human Rights | |
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| Inter-American Court of Human Rights | |
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| Inter-American Commission on Human Rights | |
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| African Court of Human and Peoples� Rights | |
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| African Commission on Human and Peoples� Rights | |
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| Other International Developments and Initiatives | |
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| International Treaties, Resolutions and Principles | |
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| European Initiatives | |
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| A Victims� Convention? | |
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| A Shift in Emphasis? | |
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| Conclusion | |
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| Experimenting Laboratories | |
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| International Criminal Courts: A Wide Range of Practices | |
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| Introduction | |
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| Nuremberg and Tokyo Military Tribunals | |
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| The Ad Hoc Tribunals | |
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| Participation as Witnesses | |
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| Participation as Amici Curiae | |
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| Participation in the Form of Victim Impact Statements | |
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| Calls for Greater Participation in Relation to Reparations | |
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| Hybrid Courts | |
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| Special Court for Sierra Leone | |
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| East Timor: Special Panels for Serious Crimes | |
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| UNMIK/EULEX War Crimes Panels in Kosovo | |
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| Special Tribunal for Lebanon | |
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| Conclusion | |
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| Victim Participation and the Extraordinary Chambers in the Courts of Cambodia | |
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| Introduction | |
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| Negotiating History and Framework of the ECCC | |
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| Victims and the ECCC | |
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| Participation | |
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| Reparation | |
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| Protection | |
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| Participation in Practice | |
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| Application Process | |
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| Pre-Trial Proceedings: Case 001 and 002 | |
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| Trial Stage: Case 001, The Ditch Trial | |
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| Appeals | |
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| Procedural Issues Arising Out of Participation | |
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| Disclosure Issues | |
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| Evidentiary Issues | |
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| Witnesses, Civil Parties and Dual Status | |
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| Familiarization and Proofing | |
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| Proposing Witnesses | |
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| Questioning of Witnesses and Accused | |
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| Civil Party Testimony | |
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| Victim Assistance | |
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| Legal Representation | |
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| Legal Aid | |
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| Civil Society Groups | |
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| Conclusion | |
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| Victim Participation at the International Criminal Court | |
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| Introduction | |
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| Negotiating History and Framework of the ICC | |
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| Victims and the ICC | |
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| Participation | |
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| Reparation | |
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| Protection | |
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| Participation in Practice | |
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| Application Process | |
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| Article 68(3) Requirements | |
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| Pre-Trial Stage | |
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| Preliminary Examination Phase | |
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| Investigation Phase | |
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| Confirmation of Charges Phase | |
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| Trial Stage | |
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| Appeals | |
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| Procedural Issues Arising Out of Participation | |
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| Disclosure Issues | |
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| Evidentiary Issues | |
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| Witnesses, Civil Parties and Dual Status | |
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| Familiarization and Proofing | |
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| Proposing Witnesses | |
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| Questioning Witnesses | |
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| Victim Testimony | |
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| Victim Assistance | |
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| Legal Representation | |
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| Legal Aid | |
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| Civil Society Groups and Intermediaries | |
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| Conclusions | |
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| Conclusion | |
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| Conclusions and Recommendations | |
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| Introduction | |
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| Participation as a Human Rights Standard? | |
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| Victim Participation in International Criminal Proceedings | |
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| Uneasy Transplantation | |
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| Areas of Concern Arising Out of Increased Participation: Fair Trial Rights of Accused | |
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| What is the Proper Scope and Content of Victim Participation in International Criminal Proceedings? | |
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| Give Sufficient Regard for the Core Objectives of the Criminal Process | |
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| Reject the Balancing Consciousness and Recognize the Primacy of the Rights of Accused | |
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| Focus on Services for Victims | |
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| Embrace Pluralism | |
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| Final Observations | |
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| Samenvatting (Summary in Dutch) | |
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| Bibliography | |
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| Table of Cases | |
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| Index | |
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| Curriculum Vitae | |