Characteristics of victims of serious human rights violations

Abstract

The historical relationship between classical international law and the victims of international crimes was one of indifference. The first step forward took place in the twentieth century when certain international crimes were recognized. However, effective recognition will begin to take shape already in the 21st century with the entry into force of the International Criminal Court. Two antagonistic views collide in this century: that of classical and that of contemporary international law, the latter influenced by the paradigms of human rights and access to effective justice. This article investigates the change of status of the victims of international crimes, who from objects of protection become subjects of the law. We start from the postconflict, to rethink, based on the special characteristics of international victims and the principles of complementarity and effectiveness of international tribunals, those tools that international law must apply so that all victims exercise their right to an integral reparation whilst it allows international criminal law to fulfil its dissuasive character. Methods: For that, we will apply a comparative and analytical methodology. We use reports from international organizations, national and international legislation and doctrinal studies. Content analysis will be used to analyse the collected data.