Las víctimas de crímenes internacionalesen particular los grupos especialmente vulnerables ante la justicia penal internacional

Abstract

The objective of this Doctoral Thesis is to provide an in-depth analysis of the status given to victims of international crimes by the various international criminal tribunals established for the prosecution of such, especially focusing on the treatment given to those considered to be in "particularly vulnerable groups." It is considered both the strictly procedural aspects, comprehensive of legitimacy that hold victims to initiate international criminal proceedings and its capacity to intervene in the various phases of the procedure, as far as the protection system of these concerns, articulated with the dual aim of ensuring victims� physical and mental integrity, particularly of those in vulnerable groups, and to ensure adequate reparation for the harm caused as a result of the wrongful acts that victimize them. We start with consideration of what Victimology and international crime are, addressing issues such as the principle of universal criminal jurisdiction and its accordance with the principles of International Law. Also addressed is a proper delimitation of the subjects included in the aforementioned categories, particularly with regard to vulnerable groups and victims and to finally to address in detail, the process that provides international criminal justice to them "sensu lato", with particular attention given to the legal and institutional system that makes up the International Criminal Court (ICC), relying primarily on the jurisprudence of the first verdict at the ICC: The case of the Prosecutor v. Thomas Lubanga Dyilo. Finally, a critical assessment of the results of this analysis is set out, with the intention of strengthening procedures to support the position of victims in the International Criminal Court, and improving their protection and reparations system, we aim to go much beyond mere projections based on financial compensation, and inevitably destined to fail in the best case, to the assumption by the international criminal bodies (representing the international community) for the responsibility of payment of compensation. The focus for the development of this thesis are women and children, as victims of sexual gender based violence, (SGBV), and the latter, when subject to conscription or enlisting into armed forces or groups, using them to participate actively in hostilities (when they are under the age of fifteen years).