The tension between the presumption of innocence and victims' participation rights at the International Criminal Court

Coleman, Michelle ORCID: https://orcid.org/0000-0002-2615-1021 (2020) The tension between the presumption of innocence and victims' participation rights at the International Criminal Court. International Criminal Law Review, 20 (2) . pp. 371-393. ISSN 1567-536X [Article] (doi:10.1163/15718123-01906004)

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Abstract

This article explores where the participation rights of victims and the presumption of innocence come into conflict within the context of the International Criminal Court (ICC) and whether this causes either set of rights to be violated. First it discusses the development of the right to the presumption of innocence at the ICC and explains victims’ participation rights. Next it outlines how conflict between these two rights should be resolved. The article then examines three areas in which there is tension between victims’ participation and the presumption of innocence. These areas are: calling victims ‘victims’; evidence submission; and participation by questioning witnesses. Finally, the article concludes that the rights of victims and the accused can come into conflict and that in order to ensure that the right to the presumption of innocence is protected, and to provide victims with a meaningful right to participation, victims’ rights must be more clearly defined.

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