Prosecutorial Discretion and Victims’ Rights at the International Criminal Court: Demarcating the Battle Lines

Authors Carla Ferstman

ISSN: 1996-2088
Affiliations: Director of REDRESS
Source: Acta Juridica, 2016, p. 17 – 39


Many victims were killed, and in fact one of us had to carry the head of her dead husband from Nakuru so that she could bury it. Her husband was killed during PEV. Do you know how traumatising that is? Another lady’s husband was killed in their house. These women are suffering and their only hope was the ICC. You are now informing us that the case has been terminated, do you want us to kill ourselves also? (Halafu unatuáfembia case imeisha, unataka hata sisi tujiue?) . . . Will the Court at least allow us to give our opinions in regards to this termination? There is so much we have to tell the Court and we feel they should listen to our grievances.[fn1] footnote 1: Situation in the Republic of Kenya, ICC-01/09, Victims’ request for review of Prosecution’s decision to cease active investigation, 3 August 2015, Annex 1: Victims’ Views and Concerns, which is described as an illustrative set of views and concerns expressed by 93 Victims communicated in person to the Legal Representative for Victims during meetings with 702 Victims held in Kenya during the period 25 May to 17 June 2015.