The Identification of Victims Before the Inter-American Court of Human Rights and the International Criminal Court and its Impact on Participation and Reparations: A Domino Effect?

Abstract

This article analyses the evolving position of victims in international law by comparing the identification of victims before the Inter-American Court of Human Rights and the International Criminal Court. The article discusses the concept of victims, the approaches of both Courts to causality requirements between the harm suffered and the violation/crimes alleged, and the recognition of direct and indirect victims. The procedures employed by both Courts to identify victims within their jurisdictions are analysed, highlighting distinctions between the procedures adopted for the purposes of participation as compared to reparation. Conclusions are drawn regarding the evolving and expanding law and practice regarding victim identification and its impact on both Courts.

Keywords: Inter-American Court of Human Rights, International Criminal Court, Identification of Victims, Right to Participation, Right to Reparations