Abstract
ABSTRACT A new and groundbreaking direction in international criminal law and justice is the focus on victims. The Rome Statute (1998) established the International Criminal Court (2002) that highlights the victims rights to participation, protection and reparations. This new perspective implies the importance for victims to be heard and seen in proceedings. The aim of this thesis is twofold, first it seeks through a thematic analysis to identify and examine the psychosocial perspectives with regards to victim participants that are being used, often highlighted and considered important. This study is based on the Rome Statute s Article 68 (participation) and Article 75 (reparation); Rules of Procedure and Evidence (Rules 84, 85, 86 and 94); The Independent Panel of experts report on victim participation at the ICC (2013); Van der Wyngaerts Victims before the ICC: Some views and concerns of an ICC Trial Judge (2012); Chief of the VPRS, McKay s Victim Participation in Proceedings before the ICC (2008); and The International Criminal Court Assembly of State Parties Report of the Court on the Strategy in Relation to Victims (2009). Secondly, it presents findings from three in-depth, semi-structured interviews with ICC employees with clinical psychological expertise. Based on the selected literature and the interviews, seven psychosocial perspectives were revealed: justice, empowerment, meaningfulness, wellbeing, respect and dignity, protection and support, and reparations. The results indicate both similarities and differences concerning what kind of psychosocial perspectives ones highlight in regards to victim participation. The thesis found that the legal scholars emphasize the psychosocial aspects to a lesser extent than the interviewees, this being staff working with the victims. The legal scholars focus more on the challenges connected to victim participation in terms of practical implications in trials. On the other hand, the interviewees and experts report expressed more concerns in regards to victims experiences when participating and their notion of empowerment, to what extent it is perceived as meaningful, empowering, also the risk of secondary-victimization and re-traumatization. Keywords: ICC, victim, participation, victim perceptions, justice, empowerment, reparations, reconciliation, protection, support, truth, re- traumatization, wellbeing, meaningfulness