Document Type

Article

Publication Date

2005

Center/Program

Center for Law and Philosophy

Abstract

In this Article, Professor Fletcher discusses the crucial distinction between justice and fairness-as well as its effect on the shifting "boundaries of victimhood "-from a comparative viewpoint by examining the approaches that various human rights instruments take to the problem of victims' rights. While the European Convention on Human Rights represents an evolving "middle ground" in the treatment of victims' rights (such recent cases as X. & Y. v. The Netherlands, A. v. United Kingdom, and M.C. v. Bulgaria are examined), only the Rome Statute of the International Criminal Court gives real priority to victims of crime with its emphasis on the eradication of "impunity" in international criminal cases. Indeed, Fletcher asserts that the ICC represents a significant victory for the victims' rights movement as a whole.

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