From Passive Objects to Active Agents: A Comparative Study of Conceptions of Victim Identities at the ICTY and ICC

The International Criminal Court and restorative justice: victims, participation and the processes of justice

“…Restorative justice processes, as forms of best practice, are typically those that involve the direct participation of victims (with the caveat of using a 'surrogate' if desired). This approach can be understood to position victims as 'active agents' rather than 'passive objects' of justice processes (Garbett, 2016). As Johnstone and Van Ness point out, the distinct nature of restorative justice processes is that, rather than remaining passive while professionals discuss their problems and decide what to do about it, victims, offenders and others affected by some crime or misconduct meet face to face in a safe and supportive environment and play an active role in discussion and in decision-making.…”