The participation of victims in civil and criminal proceedings has raised numerous legal, political and trial management challenges that we will discuss, in an interactive manner throughout the course. Those challenges include mastering the fundamental differences between civil law (droit romano-germanique) and common law and how these legal systems have shaped the international justice mechanisms. Looking at the different rights that victims may claim and the challenges that it raises, this class will enable students to understand how prosecutorial discretion and politics are intertwined with the fight against impunity led by victims, victims associations and civil society around the world.
Given the scale and nature of the crimes involved, the course will also offer an in depth and insider views of how tribunals organize themselves (or fail to organize) the participation of numerous victims, their legal representation and their request for reparations. How can thousands or millions of victims claim their right to truth, justice and reparation? What are the legal representation schemes that exist? What kind of protection can they request when testifying or participating in such cases may put their physical integrity in danger? Can reparation be meaningful when the crimes committed are so atrocious that no traditional financial compensation may ever repair their physical, psychological and material prejudice?
The course will offer a world tour of the existing mechanisms that allow the participation of victims from Africa, South America, Asia or the Middle east and will also look at the geopolitics of the idea of a truly “universal” justice. We will look at the Nuremberg precedent, the two ad hoc tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia, the Special Court for Lebanon as well as less documented initiatives like the Extraordinary Chambers in the courts of Senegal investigating into the former Chadian head of State Hissene Habré. We will also look at the principle of complementarity and the duty of all states to prosecute or extradite on the basis of their extra territorial jurisdiction. On this basis we will look into the Pinochet case in Europe and its aftermath in Chile, as well as ongoing extra territorial cases before French courts both against individuals and corporate accountability of multinationals in gross human rights violations.
The course will seek to open a debate about fair trial rights, issues of justice v. peace and reconciliation and what justice means for victims of international crimes. At the end of the 25-hour session, we will discuss fundamental questions such as "Who is international criminal justice imagined as being rendered for? Who are the beneficiaries or at least recipients of its work? And, relatedly, who is the “we” in international criminal justice? What is the legitimacy of international criminal tribunals?
Learning Outcomes
1. Identify and discuss key developments and issues relating to the rights of victims of international crimes
2. Analyze International justice mechanisms in light of fair trial rights and victim's rights
3. Create and contribute to the Victims' rights International Journal by drafting an article and conducting an interview with a practitioner or academic in the field of victims' rights
Professional Skills
- Oral communication: Communicating effectively and adequately orally
- Understanding stakeholders: Understanding and taking into account the priorities and concerns of others
- Understanding multiculturalism: Adapting to and communicating with different audiences
- Research & Analysis: Collecting and analysing information to increase understanding of a topic or issue
- Creative thinking: Looking at problems or situations from an original perspective
- Critical thinking: Engaging in reflective and independent thinking
- Online learning activities: 2 hours a week / 24 hours a semester
- Reading and Preparation for Class: 2 hours a week / 24 hours a semester
- Research and Writing for Individual Assessments: 2 hours a week / 24 hours a semester
⇒ Written : International Law of Victims Journal written contribution 40 %
⇒ Oral : Oral statement before the ICC Assembly of States Parties to the ICC 30 %
⇒ Readings 20%
Voluntary team work
Students that have an interest or expertise in social media and web design may volunteer to work on the Victims Rights International Journal Blog (https://www.victimsrightsinternationaljournal.org/) dedicated to the class. 2022 will be the fifth edition of the blog. See : www.victimsrightsinternationaljournal.org