Book review: Sexual Violence as an International Crime: Interdisciplinary Approaches
| Author | Solange Mouthaan |
| DOI | 10.1177/0269758013492757 |
| Published date | 01 September 2013 |
| Date | 01 September 2013 |
process rights of the accused (p. 128), yet this is not more evident than the violation of the rights of
victims. The author reckons that ‘balancing rights theories’ are misleading, since it ‘unnecessarily
elevates’ certain rights to the detriment of others. Even when she notes that the right to participate
in criminal proceedings is undoubtedly linked to important human rights standards, when these
come into conflict with other human rights standards such as fair trial standards, the latter will
prevail (pp. 360362). The primacy of fair trial rights over victims’ rights is probably the most
controversial aspect of the book. It sets the discussion back to the old liberal approach to justice.
She further notes that while ‘there has been a steep learning curve’ in the ECCC leading to the
revision of the internal rules, participation in the ICC is determined case by case and even chamber
by chamber. This lack of harmonization ‘seriously compromises the integrity of the proceedings,
both for victims and for the accused’ (p. 334) and affects, she argues, the principle of legal certainty
(p. 356). McGonigle Leyh further exposes the contradiction between the claimed goals of the ICC
and ECCC and what they are really capable of delivering. She cites Damaska, saying that ‘viability
of professed goals is a close cousin of legitimacy’ (p. 358).
After examining the practice of international criminal systems, one can easily recognize the
limitations imposed on victims’ participation in the different participation models, and ponder
on the consequences of such experiences for victims. Victims participating before the ECCC had
voiced their discontent with the proceedings. The current models of victim participation do not
seem to provide a therapeutic effect on victims. However, as the author has pointed out, participa-
tion can result in the involvement of the community and lead to the perception of the proceedings
as ‘more just’. This could indeed contribute to enhance the international Courts’ legitimacy as
well, particularly domestically and in relation to victimized communities. If none of these goals
is to be included in international trials, then arguably the international community should strive
to create a proper arena where these could be realized.
Procedural Justice? Victim Participation in International Criminal Proceedings is an engaging
and at times controversial book, essential to understand the intricacies of victims’ participation in
international criminal proceedings and a great start for further discussions about competing rights.
Anne-Marie de Brouwer, Charlotte Ku, Rene
´eRo
¨mkens and Larissa van den Herik (eds)
Sexual Violence as an International Crime: Interdisciplinary Approaches Cambridge: Intersentia,
2013. xxiv þ400 pp. ISBN: 978 1 78068 002 6
Reviewed by: Solange Mouthaan, University of Warwick, UK
This thought-provoking and innovative book originated from two colloquia organized by the
Center on Law and Globalization in cooperation with the Grotius Centre for International Legal
Studies and the International Victimology Institute Tilburg (INTERVICT). The theme of the first
colloquium, held in 2009, was ‘Sexual violence as an international crime: Interdisciplinary
approaches’. The theme of the second colloquium, held in 2011, was ‘Systematic sexual violence
and victims’ rights’.
From the outset the book establishes that a wide range of disciplines can contribute to under-
standing the intersectionality between international crimes and gendered aspects of the crimes.
This is necessary because, despite notable progress in prosecutions of sexual violence and
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