Abstrak

Baca Juga : JURIDICAL ANALYSIS OF THE IMPLICATIONS OF SECURITY COUNCIL REFERRAL IN REGARDS TO THE OBLIGATION OF NON-STATE PARTIES TO COOPERATE WITH THE INTERNATIONAL CRIMINAL COURT (A REVIEW OF THE SITUATIONS IN DARFUR AND LIBYA) (Teuku Muktasim, 2017) ,

Baca Juga : THE PROSECUTION OF MYANMAR IN INTERNATIONAL CRIMINAL COURT (ICC) OVER FORCE DEPORTATION OF ROHINGYA TO BANGLADESH (Akbar Hazzanna, 2020) ,

ich potentially can lead them to more dilemmatic situation. this research aims to analyze how victim’s participation (especially) in investigation stage regulated according to rome statute 1998 and rules of procedures and evidence. secondly is to observe the problem and shortcoming by giving right to participate in investigatory stage at ‘situation level’ under article 68 (3) of the icc for victim. to compile data in this research, library research is applied in order to get secondary data beside rely upon statute and constitutive document, through reading, citing and analyzing data as well as examine case law that are related to object of research. the methodology apply is legal normative research that emphasis on existing law. the research shows that; (a) there are two conditions in which victim are permitted to participate, namely; victim of situation and victim of a case. however in investigation stage, only situation victim can only be permitted to participate under article 15(3) in which their right is necessarily limited; (b) allowing victim of situation to participate in investigation stage under article 68(3) surely would affect the integrity and objectivity of investigation, endanger the right of accused as well as impact on efficiency. victim participation in investigatory stage shall be given only in the term of “victim of situation” under article 15 (3) in order to make that fair and expeditious trial will not be jeopardized if article 68(3) is otherwise prevailed. victim of situation can enjoy participation right in investigatory stage if it occurs under article 15(3) and 19(3) of the statute in regard to the power of prosecutor to conduct proprio motu investigation. in addition, victims should be facilitated a good communication with the court in order to ensure that they will not be misguided and misled in regard to their role at the early stage such as

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