Victims' Rights and Advocacy at the International Criminal Court

T. Markus Funk, now in private practice, served as a decorated Chicago federal prosecutor, Section Chief with the U.S. State Department-Balkans, clerk with the federal court of appeals and district court, and law professor at institutions including the University of Chicago, Oxford University, Northwestern University, and the US Department of Justice's National Advocacy Center. He trained and advised international war crimes judges, defense attorneys, victim advocates, investigators, and prosecutors in the Balkans and elsewhere. T. Markus Funk has the distinction of being the only person to have received both the Department of Justice's Attorney General's Award and the State Department's Superior Honor Award.

• Foreword by Paolina Massidda, Principal Counsel, Office of Public Counsel for Victims, International Criminal Court ; About the Author ; PART I. INTRODUCTION ; PART II. A Legacy of Abuse and Suffering Leads to the Birth of the ICC ; PART III. TRACING THE DEVELOPMENT OF VICTIMS' RIGHTS UNDER INTERNATIONAL LAW ; A. Victim-Centric Justice of the 1400's - Customary Law As Exemplified By the Code of Leke Dukagjini ; B. Centralized State Power in the 1700's and 1800's, the Scientification of Criminal Law, And the Decline of Victims' Rights Under Domestic Law ; C. Twentieth-Century Resurgence of Victims Rights Under Domestic Law ; D. Victims' Rights Recognized as Part of International Law ; PART IV. PRIMER ON THE ICC ; A. Breaking New Ground for Victims' Rights ; B. The ICC's Operation ; C. The ICC's Limited Subject-Matter Jurisdiction ; D. Territorial and Personal Jurisdiction ; E. The ICC's Limited Temporal Jurisdiction ; F. The ICC's Due Process Guarantees ; G. The "Complementarity" Firewall: Understanding the ICC's Key Admissibility Test ; H. Case Initiation ; I. A New Paradigm: The ICC's Hybrid System of Advocacy ; J. Reconciling the ICC's Sweeping Promises to Victims with the Realities on the Ground ; PART V. THE ROME STATUTE'S GROUNDBREAKING (AND EXPANSIVE) RECOGNITION OF VICTIMS' RIGHTS ; A. Victims' Rights Enshrined in the ICC's Rome Statute ; B. Summary of the ICC's Victim-Related Rules of Procedure and Evidence ; C. Select Victim-Rights Case Law ; D. Exploring the Role of Victims as "Participants" in ICC Proceedings ; E. Modality and Extent of Victim Participation Remain Unsettled ; PART VI. QUALIFYING AS LEGAL COUNSEL FOR VICTIMS ; A. Becoming a Formally-Recognized ICC "Victim Representative" ; B. An Alternative Mode of Legal Representation: "Assistant to Counsel" ; PART VII. STEPS TO FORMAL RECOGNITION AS A "VICTIM" ; A. The Long and Torturous Road to Formal Recognition as a "Victim" ; B. Distinguishing Victims from Witnesses ; PART VIII. Preparing for Complex Group Representation ; A. Promises and Potential Pitfalls of Group Representation - The Class Action Model ; B. The Victim Representative's Duty of Loyalty to Clients ; PART IX. UNDERSTANDING VICTIMS' INTERESTS AND RECOGNIZING THE IMPORTANCE OF MANAGING AND GUIDING EXPECTATIONS ; A. Promises Collide With Reality ; B. Managing Expectations ; C. Ensuring Victims' Safety ; PART X. HOLDING A PRE-TRIAL EVIDENTIARY HEARING TO ESTABLISH THE HISTORIC RECORD ; A. Litigation Aimed At Creating Present and Future Individual (and Group) Accountability ; B. Convening a Pretrial Evidentiary Hearing to Develop the Common Factual Backdrop of the Case ; PART XI. COMPILING A "VICTIMIZATION DOSSIER" AS A PERMANENT HISTORIC RECORD OF ABUSE ; A. The Carefully-Tailored Dossier as a Useful Tool for Victim Representatives ; B. Devising Standard Procedures for Compiling Evidence ; C. Developing Interview Protocols ; D. Submitting the Dossier to the Court ; E. Submitting the Dossier to the Office of the Prosecutor ; PART XII. PRE-TRIAL PROCEEDINGS ; A. Functions of the Pre-Trial Chamber ; B. The Office of Public Council for the Defense ; C. Victim Participation in Pre-Trial Investigative Activities ; D. Pre-Trial Preparation with a Clear Focus on the Main Trial ; E. Some Observations On Pre-Trial Meetings with Witnesses ; F. Self-Representation and the Corresponding Threat to the Historic Record ; G. The Benefits of Guilty Pleas ; PART XIII. THE MAIN TRIAL ; A. Opening Statement ; B. Direct Examination of Witnesses ; C. Introducing Exhibits ; D. Cross-Examination ; E. Re-Direct Examination ; PART XIV. SUMMATION AND SENTENCING ; A. Summation: Capturing the Whole Story ; B. Sentencing: Imposition of Justice ; PART XV. CONCLUSION ; Appendix I. Selected Articles from Rome Statute ; Appendix II. Selected Rules of Procedure and Evidence ; Appendix III. Regulations of the Registry ; Appendix IV. Selected Regulations of the Court ; Appendix V. Code of Professional Conduct for Counsel ; Appendix VI. Counsel Participation Form ; Appendix VII. Request for Participation in Proceedings and Reparations at the ICC for Individual Victims ; Appendix VIII. Helping Victims Make Their Voice Heard ; Appendix IX. Representing Victims before the International Criminal Court: A Manual for Legal Representatives ; Table of Authorities ; ICC Legal Provisions ; Index

Markus Funk has written the 'must-read' book for all lawyers and judges who practice in the International Criminal Court and for the entire academy of international criminal lawyers. The practice and jurisprudence of victims' rights have grown so rapidly that Mr. Funk's book is an essential tool in the courtroom. Victims' Rights and Advocacy at the International Criminal Court meets the critical need for a detailed and comprehensive guidebook for the representation of victims. International justice is well-served by this path-breaking book." - Ambassador David Scheffer, U.S. Ambassador-at-Large for War Crimes Issues (1997-2001); Leader of the U.S. Negotiating Team in United Nations talks on the International Criminal Court; Director, Northwestern University's Center for International Human Rights.