Terceira parte da Entrevista com Gabriela Campos Pedroso, mestra em "Victimology and Criminal Justice" pela Tilburg Law School - Tilburg University, sobre a sua dissertação de mestrado intitulada "Victim Participation and the Presumption of Innocence at the International Criminal Court".
Link para o trabalho da pesquisadora:
Ainda não disponível no repositório da Tilburg.
Lattes da Pesquisadora:
[ Ссылка ]
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Abstract
"The International Criminal Court is a state-of-the-art when it comes to victim’s rights. It is the first international criminal court that expressly takes victims into account, introducing the possibility for them to participate in all stages of the proceedings. Nonetheless, such participatory rights are not absolute. The Rome Statute in its Article 68 (3) establishes that victim participation shall not be prejudicial to or inconsistent with the rights of the accused. One of the most important rights of the defendant is the presumption of innocence, a principle that governs criminal proceedings and causes immeasurable moral harm when violated. Through the analysis of jurisprudence from the International Criminal Court, this thesis examines how victim participation occurs at the ICC and whether it is prejudicial to or inconsistent with the presumed innocence of the defendant. Moreover, through legal philosophy lens, this work aims at addressing the correlation between victim participation and the presumption of innocence as a means to comprehend whether this relationship is capable of avoiding moral harm and guaranteeing a fair trial to all parties involved. To that end, this research first analyses how the ICC interprets and applies the presumption of innocence. Based on such findings, it reviews how victim participation occurs and whether it is applied according to Article 68 (3) of the Rome Statute. Mainly, it will raise the awareness to the equal significance of both victim participation and the presumption of innocence as procedural protections that can avoid moral harm. Finally, as consistency between victim’s and defendant’s rights is the heart of a fair trial, this work will also discuss how this relationship can be managed as a means to guarantee justice.
Keywords: victim participation, presumption of innocence, presumption of victimhood, victims of international crimes, International Criminal Court"
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"Table of Contents
1. Introduction
1.1. Problem Definition
1.2. Purpose of the Study
1.3. Significance of the Study
1.4. Research Question and Sub-Questions
1.5. Methodology
1.6. Structure of the Study
2. The Presumption of Innocence at the International Criminal Court
3. Victim Participation and the Presumption of Innocence at Pre-Trial Stage
4. Victim Participation and the Presumption of Innocence at Trial Stage
5. Conclusion
6. Bibliography"
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