Victims’ Rights and the Right of the Accused to Defense: An Analysis of Conflict and Coexistence Between Governing Principles in International Criminal Proceedings

Abstract

In recent years, international criminal proceedings have witnessed a significant expansion in the role and status of victims; a development that marks a shift from the historical exclusion of victims from the judicial process toward their active and assertive participation. Although this transformation is evaluated as contributing to the strengthening of restorative justice and enhancing the legitimacy of courts, it simultaneously raises serious questions regarding its impact on the right of the accused to defense and the fundamental principles of a fair trial. The present study adopts a descriptive–analytical method and, through the examination of international instruments, rules of procedure and evidence, and the jurisprudence of international criminal tribunals, analyzes the tensions and the potential for coexistence between victims’ rights and the right of the accused to defense. The findings indicate that the existing tensions—particularly in relation to victims’ participation in investigations, the presentation of evidence, and attendance at trial hearings—are not inherently absolute or irreconcilable. The experience of the International Criminal Court and other tribunals demonstrates that through the design of precise and balanced mechanisms, including regulated victim participation, ensuring the accused’s access to evidence, and maintaining a clear separation between the role of the victim and that of the prosecutor, a dynamic equilibrium between these two categories of rights can be achieved. The article concludes by emphasizing the necessity of redefining the role of victims within a framework that, while safeguarding their dignity and rights, simultaneously guarantees the principles of fair trial and the accused’s right to defense.