This book is a practical guide for advocates interested in the representation of victims before the International Criminal Court (ICC). It has been developed by experts responsible for the advocacy training of the International Criminal Court’s List of Counsel members. Written in a readily accessible style, this guide provides a firm grounding in relevant legal doctrine, essential advocacy techniques and valuable multidisciplinary perspectives. Drawing upon global expertise from legal practitioners, specialist advocacy trainers and multi-disciplinary writers, this book addresses both practical considerations and key challenges faced by ICC victim advocates. These include issues such as gender, child victims, victims of sexual violence, special need victims and victims who are themselves implicated in international crimes. Through its practical focus on advocacy techniques, hypothetical case studies, checklists, interviews from the field and lists of furtherresources, this manual equips readers with the knowledge and skills necessary to engage in sophisticated ICC victim advocacy. This book will also appeal to those interested in the workings of International Criminal Law and in victim advocacy and victimology more broadly.
Зміст
Part I – Introduction of Legal Doctrine: The Modalities of Victim Participation (Solange Mouthaan).- A Brief Overview of the Crimes Prosecuted by the ICC, Defences to These Crimes, and the Scope of Liability for These Crimes (Sam Garkawe).-
Part II – Essential Advocacy Techniques; Advocacy Skills for the Victim Advocate: Understanding your Role and Responsibilities as Counsel for the Victim (George Hampel).- Case Preparation and Analysis (George Hampel).- Developing Legal Argument (George Hampel).- Written Advocacy (George Hampel).- Effective Court Room Communication (George Hampel).- Making an Opening (George Hampel).- Leading Evidence in Chief (George Hampel).- Conducting Cross-Examination (George Hampel).- Dealing with Expert Evidence (George Hampel).- Part II Appendix 1: Summary of Advocacy Fundamentals and Specific Advocacy Tasks (Elizabeth King and The Australian Advocacy Institute).- Part II Appendix 2: Advocacy Case Studies and Exercises (Elizabeth King and The Australian Advocacy Institute).-
Part III – Interdisciplinary Consideration: Representing Victims who have been Subject to Violent Sexual or Reproductive Crimes (Solange Mouthaan).- Representing Victims Who Are Children (Francesca Capone).- Post-conflict Mental Health and the Role of Transitional Justice (Alvin Kuowei Tay and Zachary Steel).- Effective Communication in Multilingual Judicial Proceedings (Andrew Constable).- Interview Melinda Mc Pherson: Considerations of Gender in Representing Victims before the International Criminal Court.-
Part IV – Resources: Interview Jens Dieckmann: Member of the List of Counsel who has appeared before the International Criminal Court as a Victim Advocate.- Entretien avec Jean-Louis Gilissen: les défis de la représentation des victimes de différentes cultures [Interview with Jean-Louis Gilissen: the challenges of representing victims of different cultures].- Interview Paolina Massidda: Counsel of the Officeof Public Counsel for the Victims (OPCV).- Interview Fiona Mc Kay: former Chief of the Victims Participation and Reparations Section (VPRS).- Interview with Milê Glamcevski: Vicarious Trauma and Self Care for the Victim Advocate.- Ensuring that Your Client Receives Adequate non-legal Professional Support Before, during and After the Court Process (Ronda Cress).
Про автора
Elizabeth King is a public law and human rights barrister based in Melbourne, Australia. She is a member of the List of Counsel of the International Criminal Court and is a doctoral candidate in International Humanitarian Law with the Castan Centre, Monash University. Elizabeth currently teaches in Human Rights Theory and Trial Practice and Advocacy, and is an accredited advocacy instructor with the Australian Advocacy Institute.
Prof. Rianne Letschert is a Dutch law scholar. Since September 2016 she has been rector of Maastricht University, Netherlands. Previously Letschert was professor of victimology and international law at Tilburg University. Apart from her position as professor she served as director of the International Victimology Institute Tilburg (INTERVICT).
Prof. Sam Garkawe is a Professor of Law at OP Jindal Global University, India, where he teaches a course on ‘Crime Victims in National and International Justice: Protection, Participation and Reparation’. He is also an Adjunct Associate Professor at the School of Law and Justice at Southern Cross University, NSW, Australia. He has published widely in the field of victimology, concentrating on issues concerning the role of victims in both national and international justice.
Erin Pobjie is an Australian international law scholar and Lecturer (Assistant Professor) in Law at the University of Essex. She is a member of the International Law Association’s Committee on the Use of Force: Military Assistance on Request, and co-convener of the European Society of International Law’s Interest Group on Peace and Security. Previously she was a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, and was a visiting scholar at the Lauterpacht Centre for International Law at the University of Cambridge and a visiting professional at the International Criminal Court’s Victims Participation and Reparations Section.
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