'Justice for victims' in trials of mass crimes: Symbolism or substance?. (May 2015)

• Record Type: Journal Article
• Authors: Hoven, Elisa; Scheibel, Saskia
• Is Part Of: International review of victimology. Volume 21:Number 2(2015)
• Page Start: 161
• Page End: 185
• Publication Date: 2015-05
• Subjects: Extraordinary Chambers in the Courts of Cambodia -- international criminal law -- justice -- victim participation; Victims of crimes -- Periodicals; 362.8805
• DOI: 10.1177/0269758015571470
• Languages: English
• ISSNs: 0269-7580

Abstract

Providing 'justice for victims' has become a common argument for the establishment of international criminal tribunals. However, the victims' role in trials of mass atrocities is highly disputed among scholars and practitioners. This article will take a look behind the theoretical understanding of 'justice' and present the views of victims, judges, prosecutors and lawyers involved in the proceedings. Based on 30 qualitative interviews that have been conducted at the Khmer Rouge Tribunal in Cambodia, this article attempts to examine what elements of justice an international(ized) criminal trial can and should achieve from the perspective of its participants. An insight into the victims' and legal professionals' expectations for justice sheds light on the question to what extent 'justice for victims' is a feasible interest of internation(ized) trials or a mere symbolic label to legitimize international courts. Considering the financial and practical constraints of international criminal courts, the article endeavours to identify measures both in and out of the courtroom that balance the interests of all participants.