Забезпечення прав потерпілих в міжнародному кримінальному судочинстві

The article explores the legal status of victims in international criminal justice and analyzes the procedural guarantees of their rights within the framework of the International Criminal Court (ICC). The author notes that international protection of victims’ rights is an integral part of the overall process of protection of human and civil rights and fundamental freedoms. Given Ukraine’s ratification of the Rome Statute, the author emphasizes the relevance of protecting the rights of victims of international crimes, in particular in the context of armed aggression. It is noted that the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the UN General Assembly, contains the concept of victims of crime, and the Rules of Procedure and Evidence of the International Criminal Court, specifying the above definition for the interests of international criminal justice, define victims as individuals who have suffered harm as a result of any crime within the jurisdiction of the Court. The author defines the grounds for acquiring the status of a victim and outlines the range of rights which a person is endowed with after acquiring it. The author analyzes the complex of rights of victims in cases of crimes under the jurisdiction of the ICC, and notes that the right to protection in case of threat to their life and health is an important guarantee of the realization of all the rights of victims enshrined in the Rome Statute. The author also characterizes the main mechanisms for ensuring security, participation in the process and reparation. It is noted that neither the Rome Statute nor the Rules of Procedure and Evidence contain a clear indication of the moment when a person is recognized as a victim, and also which person and in what procedural order grants a person the status of a victim. The author substantiates the expediency of regulatory consolidation of the obligation of the ICC Prosecutor to promptly determine the nature and extent of the damage caused and to make a procedural decision on recognizing a person as a victim. The author suggests the ways to improve international legal regulation in the field of victim protection with a view to more effective realization of their rights in international criminal proceedings.