home > SESSION 3 > 24

contribution 24 - APTEL Cécile

français english


Position of victims in proceedings

Cécile APTEL

transtlated version

Thank you. Very briefly, let me simply state that several persons deplored the fact that the ICTR as well as the ICTY never allowed the victims to participate in the proceedings as victims and to be a part of a civil case and everywhere dealing only with the common law aspect. The criminal law has been truncated, and the issue of victims was raised. And it had a greater impact than has been acknowledged, namely, failing to give the victims any place in the proceedings, as well as giving them a window for them to voice their opinions.

So not only the victims are not recognised, the issue of compensation has never been addressed, and less so resolved by the ICTR. There is a provision that allows victims to rely on judgements delivered by the ICTR so as to open legal actions in their countries. And I think we have to address two questions: the participation as a victim in the proceedings and also the impossibility to compensate the victims.


Thank you very much. But let me make an observation. We might also want to look at the improvements made by the ICC.

Yes, François.