دور المجني عليه في الإجراءات الجنائية الدولية

Abstract EN

The international treaties and conventions included aspects of “restorative justice”, which were manifested in the right to participate in the stages of international criminal proceedings, and the right to obtain compensation for the harm resulted from the international crime on the other hand.

Hence, it cannot be said that restorative justice is not appropriate for the field of international crimes.

Restorative justice is based on several axes; that are represented in increasing the positive role of the victim in the criminal case, redressing the harm resulting from the crime, and rehabilitating the perpetrators.

The statute of the International Criminal Court, and a number of its jurisprudence, have stated definitively the existence of aspects of “restorative justice” in the field of international crimes.

However, relying on punitive justice alone will not achieve the desired goal of justice for victims of international crimes.

It is unfair to deprive victims of international crimes from attending the sessions of international criminal trials; to express their opinions and observations, discuss witnesses, and hear the defendants' defense and their reasons for committing these serious crimes.

Transitioning from a state of conflict to establishing peace and stability requires that international criminal justice pass through several stages.

Retribution for perpetrators of international crimes will not suffice alone.

In addition, it is necessary to follow the aspects of restorative justice; represented in the right of reparation for the harm resulting from the crime, and the effective participation in all International criminal case procedures.