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Assistant professor at Research Institute of Humanities
Abstract
Although the ICC Statute and the Rules of Procedure and Evidence have a different approach to other international documents, until the adoption of the above texts, they have placed special emphasis on victims of crime within their jurisdiction. But the issue of compensating and restituting for the victim, as one of the rights that is assumed along with the judicial process for the defendant, requires clarification and specifying of the rules governing it. In the present article, while using the descriptive-analytical method, first the issue of the right to compensation and restitution for the victim and its place in the “Statute of the International Criminal Court” and related international documents such as the 1985 Declaration and the 2005 Principles of the United Nations is investigated. Then, the types of compensation and restoration of the victim in this international document and the challenges associated with it will be analyzed through the existing gaps and deficiencies. In the following, examples of the Court’s work on the issue are discussed to examine the Court’s performance more than a decade after its inception and its compliance with the statute’s victim-centered approach. Finally, recognizing and examining these issues and their challenges, the necessity of revising the provisions of the Statute as well as the formulation of specific rules and regulations by the General Assembly of States Parties has been proposed in order to meet compensation and repair for the victim.
Niazmand, N., & Rayejian Asli, M. (2019). The Right to Compensation and Restitution for the Victim and the Challenges Facing It in the International Criminal Court. Criminal Law Doctrines, 16(17), 129-160.
MLA
Neda Niazmand; Mehrdad Rayejian Asli. "The Right to Compensation and Restitution for the Victim and the Challenges Facing It in the International Criminal Court". Criminal Law Doctrines, 16, 17, 2019, 129-160.
HARVARD
Niazmand, N., Rayejian Asli, M. (2019). 'The Right to Compensation and Restitution for the Victim and the Challenges Facing It in the International Criminal Court', Criminal Law Doctrines, 16(17), pp. 129-160.
VANCOUVER
Niazmand, N., Rayejian Asli, M. The Right to Compensation and Restitution for the Victim and the Challenges Facing It in the International Criminal Court. Criminal Law Doctrines, 2019; 16(17): 129-160.
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