Evolutionary Process of Victims and Witnesses Rights in the International Criminal Tribunals

Author(s):
Abstract:
The main question: Have victims and witness the rights in international criminal tribunals? The Rights of victims and witnesses in the international criminal tribunals is attended accompany with this kind of rights in the international and internal aspects. In the primary international criminal tribunals and after World War II, victims and witnesses were considered as missing link of criminal justice. After it and affected of “victims movement” and “restorative justice “theory, for the first time in the Statutes of “ICTY” and “ICTR” was passed the decisions for the protection of victims and witnesses. Main protection is Observable about three axes: Establishment of victims and witnesses unit, decisions about the Nondisclosure of victims and witnesses Identities, and redress of victims. Yet victims don’t have right to Participate in trial and “ICTY” and “ICTR” refer the redress to national tribunals. International criminal court(ICC)has developed rules about the protection of victims and witnesses and has considered right of direct Presence in the trial for the victims and their representatives, and also has passed the decision for redress of them. Findings: we conclude that the rights of victims and witnesses in the international criminal tribunals have traversed an evolutionary process
Language:
Persian
Published:
International Studies Journal, Volume:10 Issue: 4, 2014
Page:
29
https://magiran.com/p1521776