From Theory to Practice: The Struggle to Implement Effective Victim Participation Measures at the International Criminal Court

In this paper, I wish to reassess the role of the International Criminal Court regarding victims and affected communities as we approach the tenth anniversary of the Court's establishment. I argue that the Court's intentions may be sound, the structure itself causes many difficulties and provisions for victims' participation are often difficult to implement or even dilatory to the administration of justice. The judicial ideals of the Court, including the maintenance of prosecutorial independence and the protection of due process rights of defendants, can actually come in conflict with victim participation provisions of the Rome Statute. In the course of my summer internship at the ICC, I came to believe that it is time to reconsider the Court's designation as an innovative organization and look for structural and institutional reform.