Termination of Victim Participation
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Minimal guidance exists in the texts of the International Criminal Court (ICC), Special Tribunal for Lebanon (STL) and Extraordinary Chambers in the Courts of Cambodia (ECCC) regarding the ways by which a victim’s participation in proceedings can be brought to an end. Developing case-law, however, reveals that participation can be ended by a voluntary withdrawal of participation, by the death of a participating victim, or where a chamber decides that the evidence in support of the victim’s status has been negated. The narrowing of charges in a case can also result in the termination of some victims’ participation. This chapter examines these circumstances and considers when participation will be ended. It then considers associated questions such as whether a victim’s participation can be carried on after the victim’s death by a successor. The chapter addresses the possibilities for withdrawal or termination where an application for participation has been submitted but not yet judicially determined. Finally, consideration is given to the obligations which follow or survive the end of a victim’s participation, including those falling on the victim’s lawyers, the Registry and the victim him or herself.