Structure

In addition to this introduction (first chapter), the present thesis consists of five chapters. While the second chapter is of a general/introductory character, the three subsequent chapters develop respectively each of the three dimensions of victims’ status as considered in this thesis. The thesis general conclusions are contained in the last (sixth) chapter.

Under the second chapter titled ‘Shaping the Victims’ Status and International Criminal Proceedings’, it is brought an introductory framework to victims’ status in criminal proceedings and relevant procedural features of the international and hybrid criminal courts. The chapter consists of four subchapters: introduction, followed by three subchapters. The second subchapter explores victims’ status under restorative, retributive/utilitarian justice paradigms and under inquisitorial/adversarial systems, some international law landmarks on victims, national models of victims’ roles and victims’ status in transitional justice scenarios. The second subchapter examines the main adversarial and inquisitorial features of international and hybrid criminal courts. The last subchapter is chapter conclusions.

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Under the third chapter titled ‘Victims’ Status as Witnesses’, it is discussed the first of the three dimensions of the victims’ status as considered in this thesis. Since victims’ status as witnesses is present across all international and hybrid criminal courts, the analysis focus tries to be evenly distributed across the courts. This chapter consists of four subchapters, being the chapter introduction the first one. In the second subchapter, it is discussed the general legal regime applicable to victims as witnesses at international and hybrid criminal courts, including the dual status victim participant-victim witness. Under the third subchapter, protective measures and special measures adopted in favor of victims are examined. The fourth subchapter examines the controversial issue of anonymity, especially during trial. Each of those three subchapters begins with a general presentation of the three considered national systems. Then, the analysis focuses on victims’ status at the ICTY/ICTR/SCSL, the ICC, and the ECCC/STL. Comparative conclusions are provided within each subchapter. Chapter conclusions constitute the last subchapter.

Under the fourth chapter titled ‘Victims’ Status as Victim Participants/Civil Parties’, it is discussed the second dimension of the victims’ status as considered in this thesis. Since the participatory dimension of the victim status formally only exists at the ICC, the STL (victim participant) and the ECCC (civil party), the analysis is mainly focused on these courts, but also examining some specific indirect ‘participation’ instances at the other courts. The chapter introduction (first subchapter) and other five subchapters constitute this chapter. Under the second subchapter, legal definitions of victims and the requirements to participate as victim participants (ICC, STL) or civil parties (ECCC) are discussed. In the subsequent subchapters, it is examined victims’ modalities of participation/procedural rights following the sequential flow of the procedural stages, i.e., investigation/pre-trial, trial, sentencing and appeals, which respectively constitute the third, the fourth, the fifth and the sixth subchapters. Each subchapter starts with a general presentation of the three considered national systems. Then, it is examined the victims’ status at the ICTY/ICTR/SCSL, the ICC, and the ECCC/STL. Within each subchapter, comparative conclusions are provided. Chapter conclusions constitute the last subchapter.

Under the fifth chapter titled ‘Victims’ Status as Reparations Claimants’, it is discussed the third dimension of the victims’ status as considered in this thesis. Due to the fact that the victims’ status as reparations claimants only exists at the ICC and the ECCC, emphasis is put on these two courts. However, the situation at the other international and hybrid criminal courts as for some

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references to reparations under their instruments is also evaluated. This chapter consists in five subchapters, including the introduction (first subchapter). Under the second subchapter, the general framework of victims as reparations claimants is provided, which includes categories of reparations claimants and beneficiaries and resources for implementing reparations. Under the third subchapter, the reparations proceedings, including bringing reparations requests and specific reparations proceedings are evaluated in detail. Under the fourth subchapter, categories such as individual/collective reparations, modalities of reparations and reparations implementation are examined. Each subchapter begins with a general evaluation of the three considered national systems. Then, the analysis addresses the victims’ status at the ICTY/ICTR/SCSL/STL, the ICC (and its TFV), and the ECCC. Within each subchapter comparative conclusions are provided. Chapter conclusions constitute the last subchapter.

Under the sixth and last chapter titled ‘General Conclusions’, it is provided some general conclusions applicable to both each of the three dimensions of the victims’ status as witnesses, victim participants/civil parties and reparations claimants as well as concerning the overall victims’ status in the examined international and hybrid criminal courts.

Two extra observations should be added concerning the thesis structure. First, within the third, fourth and fifth chapters, the ‘Comparative Conclusions’ subsections refer to: i) a summary of the argumentation discussed in the respective subchapter and some general conclusions; ii) a comparison of victims’ status across and among international and hybrid criminal courts; and iii) some general references, where relevant, to the three considered national systems. ‘Comparative Conclusions’ thus provide both an analytical summary and conclusions, and the comparison is made across and among international and hybrid criminal courts, complemented, where relevant, by referring to the three considered national systems. Second, international and hybrid criminal courts have been grouped to facilitate the analysis taking into account their quite similar procedural law. Thus, this is the case of the ICTY/ICTR/SCSL in the chapters on victims’ status as witnesses (chapter III) and victims’ status as victim participants/civil parties (chapter IV); and, in the case of the chapter on victims’ status as reparations claimants (chapter V), the sub-grouping corresponds to the ICTY/ICTR/SCSL/STL. Although the ECCC and the STL, due to their nature as hybrid criminal courts, appear under the same subsections on the chapters on victims’ status as witnesses (chapter III) and victims’ status as civil parties/victim participants (chapter IV), independent analysis of victims’ status at each court is conducted. Lastly, but equally important, the ICC is always analyzed

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autonomously due to, inter alia, its importance as the first permanent international criminal court and its scope. In any case, in the chapter on victims’ status as reparations claimants (chapter V), the ECCC is also examined autonomously.