Victim Participation, Politics and the Construction of Victims at the International Criminal Court: Reflections on Proceedings in Banda and Jerbo

TLDR: In this article, the Banda and Jerbo case at the International Criminal Court (ICC) was investigated and it was revealed that victim participation was being used to further the political aims of others outside the courtroom.

Abstract: This case note explores what impact the politics of international criminal law have on victim participation at the International Criminal Court ('ICC'). This is revealed by highlighting aspects of the proceedings in the Banda and Jerbo case at the ICC during which concerns emerged that victim participation was being used to further the political aims of others outside the courtroom. We draw on Sarah Nouwen and Wouter Werner's analysis of the politics of international criminal law to explore what such arguments might mean for the construction of victims at the ICC. Such arguments seem to assume that victim participants are - if not in favour of the ICC - at least not critical subjects of it. As such, they run the risk of failing to recognise victims' political autonomy. This prompts a broader enquiry into how the ICC should respond to the politics of victim participation, as opposed to challenges arising out of its mechanics.