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Victims' Participation in the Proceedings (ICC)

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Chapter Summary

This procedural right does not entail giving access to the record of the investigation nor does it affect the Prosecutor's capacity to conduct the investigation in conformity with the requirements of the Statute and in particular Article 54 (1)(a). The close link between the personal interests of the victims and the investigation is even more important in the regime established by the Rome Statute, given the effect that such an investigation can have on future orders for reparations pursuant to Article 75. It follows that an application from victims seeking leave to participate is required in order to enable the Appeals Chamber appropriately to make that determination. The application need not specifically address whether or not the person participating is &t;a victim&t; within the meaning of Rule 85 in the absence of any appeal relating to that matter.

Keywords: Appeals Chamber; Prosecutor; victims

10.1163/ej.9789004163386.i-912.94
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