
The ‘ideal victim’ : a cage for victims’ narratives at the International Criminal Court
- Author
- Alessandra Cuppini (UGent)
- Organization
- Project
- Abstract
- Despite Article 68(3) of the Rome Statute of the International Criminal Court (ICC) granting victims an autonomous standing in proceedings, victims’ participatory rights have often been tailored to fit within the retributive structure of the trials. This contribution aims to provide a different perspective on victims’ role and their narratives in proceedings at the ICC, building upon the expressivist model of international criminal justice and focusing on a specific strand that engages with the adjudication process’s performative and communicative features. In providing a better understanding of how victims’ narrative unfolds in trials at the ICC, the article addresses two issues: how the concept of the victim is constructed at the ICC; and whether and, eventually, how this construct impedes progress in recognizing their narratives in proceedings at the ICC. Concerning the first issue, drawing on criminologist Nils Christie’s theorizing of the ‘ideal victim’, it will be observed that the construct of victims in proceedings at the ICC reflects three main attributes: weakness; innocence; and dependency. The second issue shed light on the extent to which the emphasis on the ‘ideal victim’ can serve as a tool in the hands of institutional actors at the ICC to pre-empt, constrain and subordinate victims’ narratives, in a manner that oversimplifies victimhood. To impose a particular narrative upon victims’ experiences, three main procedural mechanisms have been identified: appropriation of victims’ interests; legal representation of abstract victimhood; and exclusion from the trial of victims who do not conform to the ideal victim.
- Keywords
- expressiveness, International Criminal Court, ideal victim, narratives, victim participation, SEXUAL VIOLENCE, JUSTICE, TRIAL, EXPERIENCES, CRIMINOLOGY, CONFLICT, STORIES, TRUTH, MEN, LAW
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01HH1W1ZGQGQBA7B67H412Q499
- MLA
- Cuppini, Alessandra. “The ‘ideal Victim’ : A Cage for Victims’ Narratives at the International Criminal Court.” LEIDEN JOURNAL OF INTERNATIONAL LAW, vol. 37, no. 2, 2024, pp. 484–505, doi:10.1017/S0922156523000651.
- APA
- Cuppini, A. (2024). The “ideal victim’ : a cage for victims” narratives at the International Criminal Court. LEIDEN JOURNAL OF INTERNATIONAL LAW, 37(2), 484–505. https://doi.org/10.1017/S0922156523000651
- Chicago author-date
- Cuppini, Alessandra. 2024. “The ‘ideal Victim’ : A Cage for Victims’ Narratives at the International Criminal Court.” LEIDEN JOURNAL OF INTERNATIONAL LAW 37 (2): 484–505. https://doi.org/10.1017/S0922156523000651.
- Chicago author-date (all authors)
- Cuppini, Alessandra. 2024. “The ‘ideal Victim’ : A Cage for Victims’ Narratives at the International Criminal Court.” LEIDEN JOURNAL OF INTERNATIONAL LAW 37 (2): 484–505. doi:10.1017/S0922156523000651.
- Vancouver
- 1.Cuppini A. The “ideal victim’ : a cage for victims” narratives at the International Criminal Court. LEIDEN JOURNAL OF INTERNATIONAL LAW. 2024;37(2):484–505.
- IEEE
- [1]A. Cuppini, “The ‘ideal victim’ : a cage for victims’ narratives at the International Criminal Court,” LEIDEN JOURNAL OF INTERNATIONAL LAW, vol. 37, no. 2, pp. 484–505, 2024.
@article{01HH1W1ZGQGQBA7B67H412Q499, abstract = {{Despite Article 68(3) of the Rome Statute of the International Criminal Court (ICC) granting victims an autonomous standing in proceedings, victims’ participatory rights have often been tailored to fit within the retributive structure of the trials. This contribution aims to provide a different perspective on victims’ role and their narratives in proceedings at the ICC, building upon the expressivist model of international criminal justice and focusing on a specific strand that engages with the adjudication process’s performative and communicative features. In providing a better understanding of how victims’ narrative unfolds in trials at the ICC, the article addresses two issues: how the concept of the victim is constructed at the ICC; and whether and, eventually, how this construct impedes progress in recognizing their narratives in proceedings at the ICC. Concerning the first issue, drawing on criminologist Nils Christie’s theorizing of the ‘ideal victim’, it will be observed that the construct of victims in proceedings at the ICC reflects three main attributes: weakness; innocence; and dependency. The second issue shed light on the extent to which the emphasis on the ‘ideal victim’ can serve as a tool in the hands of institutional actors at the ICC to pre-empt, constrain and subordinate victims’ narratives, in a manner that oversimplifies victimhood. To impose a particular narrative upon victims’ experiences, three main procedural mechanisms have been identified: appropriation of victims’ interests; legal representation of abstract victimhood; and exclusion from the trial of victims who do not conform to the ideal victim.}}, author = {{Cuppini, Alessandra}}, issn = {{0922-1565}}, journal = {{LEIDEN JOURNAL OF INTERNATIONAL LAW}}, keywords = {{expressiveness,International Criminal Court,ideal victim,narratives,victim participation,SEXUAL VIOLENCE,JUSTICE,TRIAL,EXPERIENCES,CRIMINOLOGY,CONFLICT,STORIES,TRUTH,MEN,LAW}}, language = {{eng}}, number = {{2}}, pages = {{484--505}}, title = {{The ‘ideal victim’ : a cage for victims’ narratives at the International Criminal Court}}, url = {{http://doi.org/10.1017/S0922156523000651}}, volume = {{37}}, year = {{2024}}, }
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