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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 | |