Understanding the International Criminal Court

67. What happens if someone has been the victim of unlawful arrest or detention?

Anyone  who  has  been  the  victim  of  unlawful  arrest  or  detention  has  an  enforceable  right  to

compensation. The Court can award compensation if a grave and manifest miscarriage of justice is

conclusively shown.

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Understanding the International Criminal Court

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Understanding the International Criminal Court

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V. Victims’ participation 

68. What is the difference between a victim and a witness?

A victim is a person who has suffered harm as a result of the commission of a crime within the ICC’s

jurisdiction. The Rome Statute ensures that a number of rights are accorded to victims, as outlined in

detail below, the most groundbreaking of which is the right to participate in proceedings independently

of the Prosecution or Defence. Victims have the right to have their own legal representative in the

Courtroom presenting their concerns and personal interests to the Court.

A witness is a person who testifies before the Court, giving a statement as evidence, often called by

either the Prosecution or Defence.