The demographics of victim participation at the International Criminal Court

Abstract The incorporation of victim participation into the legal framework of the International Criminal Court (ICC) brought hope, to some, that the voices of victims would be elevated and heard more clearly in the ICC’s proceedings than they had been at previous international criminal tribunals, where they could participate only as witnesses. While research has emphasized the significant distinction to be drawn between the wide pool of victims of international crime and the far more restricted pool of ‘juridified victims’ who participate in international criminal proceedings, less attention has been drawn to the demographics of the juridified victim and the extent to which victim participation is shaped by factors such as age, gender, and disability. This article presents the results of a survey of practitioners and analysis of court documents which indicate that there are a wide range of barriers to the participation of certain groups of victims, which can result in their under-representation. It proposes measures that can be taken to foster a more inclusive victim participation scheme and calls for more rigorous monitoring and reporting on the demographics of victims that participate in ICC proceedings. It also sets out a case for greater inclusion rooted in the rights of victims, the requirements of the Court’s legal framework, the goals of the ICC and the promotion of victim agency and voice.