Protecting victims who testify before the ICC: tensions and balances with the defendants’ right to a fair trial

Pulvirenti, Rossella ORCID: https://orcid.org/0000-0001-5859-7215 (2020) Protecting victims who testify before the ICC: tensions and balances with the defendants’ right to a fair trial. In: Defendants and Victims in International Criminal Justice: ensuring and balancing their rights. Routledge, London, pp. 161-189. ISBN 9780367253950 (hardback); 9780429287565 (ebook); 9781032236216 (paperback)

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Abstract

Victims have been the centre of attention at the International Criminal Court (ICC), since the Rome Statute both allows their participation in the proceedings when their personal interests are affected, and sets up a system of reparation in case of any damage, loss or injury. While the boundaries of the application of the right to a fair trial are clear, it remains difficult to strike the right balance between the different rights at stake. Human right standards will be applied to the ICC’s case law in order to analyse whether the ICC has fully respected victims’ right to privacy when testifying, without undermining the right of a defendant to a fair and impartial trial. In light of this case-law, it is clear that Lubanga’s right to a fair trial was not infringed, since sufficient measures, such as cross-examination, were taken to counterbalance the handicap under which the defence was working.