الاتجاهات الحديثة للضحايا في القضاء الدولي الجنائي

Abstract EN

The international efforts continued and the calls and invitations multiplied for the need of the international society.

for fair judicial body, that achieves the hopes and ambitions.

it imposes the dominance of the law on states and individuals, the war criminals must be prosecuted in it, they must be judged and punished without any considerations or immunities to fulfill the strong claims of the groups of victims in obtaining justice which the political considerations and the conflict of interest prevented it from being achieved.

to achieve the old dream that occupied the mind of the international society for not a short time, the Rome conference results were the establishment of the international criminal court ; now international society can actually depend on the presence of a mechanism for all the hopes to punish the war criminals, crimes against humanity and genocide.

the establishment of the issue of determining the legal position of the victims in the framework of international trials is a starting point in the direction of claiming the guarantee of respect for this group.

this direction moved from lacking the simplest roles and exercising all the rights to decide the groups of victims and their independent participations in the proceedings of the trial before the international criminal jurisdiction.

however, there is much positive progress in seeking the acknowledgement of the rights of the victims on the two levels.

the national and the international crimes through providing wider fields for participation in different stages of the trial even though this progress may crash into legal obstacles standing in the way of prosecuting the international war criminals, so the victims would not be able to fulfill their rights.

many returned the reason of the failure of the efforts of the victims of international crimes to fulfill their rights and get reparation for the contradiction of these efforts with issues related to the trial of the persons accused of committing crimes that they were their victims.

some are related to specialization and other are related to proceedings without being a result of a defect in their legal position which qualify them to claim for these rights, the matter which formed a real obstacle standing in front of achieving justice for the victims of international crimes.

the new role of the victims in the international criminal proceedings is considered one of the most prominent features of the court and is considered as one of the renewals of the international criminal court.

after the common law system Israel, the united states of America used not to see these victims except as witnesses or monitors inside the courts.

so allowing them to express their opinions and present information and participate in the proceedings before the jurisdiction, if it was not familiar as it is the case in the legal statutes that depend on the civil law.

these roles played by the victims before the international criminal court that presents a corner in the zone of the international criminal proceedings with the movement of developing international human rights as a desire of it to reinforce the reconciliation of justice.

so the two conferences of the Rome the plan that meditates the treatments and presents equality and the rights of participation and protecting the victims that their cases are being considered before the international criminal court.