This article is published in the Working Paper Series on International Justice by the Institute for Justice and Reconciliation and is available here.
The Rome Statute of the International Criminal Court codifies the rights of certain persons who appear before the International Criminal Court (ICC). The paper discusses the practice of the ICC with respect to the rights of individuals who appear before it. The rights of an accused in different phases of ICC proceedings and the rights of victims affected by crimes within the ICC’s jurisdiction are considered at length and in the light of established principles regulating the ICC’s treatment of the right to reparations for victims. These persons are key interlocutors in the international criminal justice system and have shifted the traditional focus of international law from being predominantly on States to being also on individuals; and they bring about a different kind of relationship between States as a collective and their treatment of these individuals arising from obligations imposed by the Rome Statute.