The Evolution of the Procedure for Reviewing Victim Applications at the International Criminal Court

Abstract

At the International Criminal Court (ICC), victims can participate in proceedings. However, in order to gain access to the Court, victims must first apply to be recognized. The scope of victims’ rights and who theoretically qualifies as a victim in international criminal law has been discussed extensively, but the procedure for applying the definitions in practice and granting access to these rights is under-researched. This article aims to address this knowledge gap by mapping the decisions on the procedure for victim application review throughout the history of the ICC. Through a context analysis of decisions on the procedure for reviewing victim applications, the article identifies the evolution of the victim application review procedure at the ICC and argues that the Court has deviated significantly from the legal framework. In recognition of the fact that the procedure stipulated in the legal framework has proven inoperable, this article argues that a workable approach to reviewing victim applications has emerged from the practice of the Chambers of the Court.