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contribution 26 - Biju-Duval Jean-Marie

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Position of victims in proceedings


transtlated version

Yes, it’s a thought which I have heard in respect of the early experience of the ICC. The problem relates to the critical mass, and the specific issue is the place of the victim in our proceedings relating to crimes committed on a mass scale. In such proceedings there is a high number of victims, 20,000, 100,000, 800,000. And, therefore, that brings to the fore the participation of the victims and kind of changes course. And it is therefore important to defend the personal interest of the victims.

If you have 300 or 1,000 victims represented by a counsel, how do you make a distinction between defending the victims and the duty of the Prosecution. And when there might be a confusion between these two duties which tend to interact to the extent that one supersedes the other, especially where the OTP can have a double entity dealing with the victims. That kind of baffles the concept of the fair trials.


Thank you. I note that what is sometimes criticised, namely, the non considering of victims and the ensuing issue of compensation is not specific to the ICTR. And from what you have said, it has not been resolved yet in the ICC, which has accorded someplace to the victims.