The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations : The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms. The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms. "Addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa S. applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these proceedings, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms"--Page 4 of cover Introduction -- Conceptual Framework -- Procedural Obligations Of States In The Field Of Criminal Justice When Faced With Serious Human Rights Violations -- The Status Under International Law Of The Rights Of Access To And Participation In Criminal Proceedings Before Domestic Courts For Victims Of Serious Human Rights Violations -- Reappraising Access To And Participation In Criminal Proceedings For Victims Of Serious Human Rights Violations -- Victim Access To And Participation In Criminal Proceedings Conducted In Situations Of Mass Atrocity -- General Conclusions. By Juan Carlos Ochoa. Based On The Author's Thesis (doctoral)--university Of Geneva, 2010. Includes Bibliographical References (pages 275-305) And Index. Offering a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, this book points to the deficiencies of the state of customary international law, and proposes specific reforms.