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Victimization dossiers at the International Criminal Court are designed to place before the prosecutor and/or the Court the victims' positions as to the legal and factual circumstances of a given case. Survivors of atrocity crimes, as well as the families and loved ones of those who were injured or murdered, want to know first and foremost what happened, who committed the crimes, and why the crimes were committed. Put another way, victims seek the truth because the truth to some extent at least alleviates their anguish, vindicates their status, encourages individual accountability, and has the potential of removing the perpetrators and their allies from power. Such a record, moreover, makes it difficult for those accused to create fictionalized, self-serving accounts of what occurred. A proper understanding of the historic events, and even public outrage over the conduct that often took place in the public’s name, can replace the twin dangers of complacency and resentment towards victims. Creation of a sound dossier begins with devising reliable standard procedures for collecting evidence. In the context of investigating atrocity crimes, forensic experts help determine the “forensic truth.” Legal experts, in turn, translate this forensic truth into the “procedural truth” used in the legal arena to establish a factual account of the events integrated into the legal narrative. This interplay between lawyers and forensic experts can occur during the pre-forensic investigative phase, during the actual forensic investigation, and in preparation for the forensic experts’ testimony. The types of forensic documentation and evidence potentially of value in the dossier include, but are not limited to: Reports on exhumations/victimization; laboratory analysis; photographic evidence; material artifacts; expert witness testimony; and evidence of adherence to relevant scientific protocols. Victim representatives should always include in the dossier expert reports, the expert’s curriculum vitae, methodology employed, and similar supporting documentation establishing the use of standard procedures.Such a dossier can provide an extremely valuable tool for future prosecutions; can be used as a persuasive means of influencing the Prosecutor, government officials, or the media; and can be relied on by the Chamber when it rules on the chapeau elements. A victimization dossier, moreover, represents an accessible method of creating a permanent, historic record from the victims’ perspective, identifying how, where, when, why, and who took part in the alleged abuses. Victim representatives, moreover, can compile these dossiers well in advance of the Office of the Prosecutor formally charging a specific case. A factually accurate dossier, compiled as close as possible to the time of the incident(s) at issue, and put together in a manner that, if possible, does not undermine or work at cross-purposes with the Prosecutors’ efforts, will go far in creating a permanent account of the facts of history. Such a record, moreover, serves to secure testimony that may not be available in future years, and will provide investigators and prosecutors with important investigative leads to later follow up on. Victim representatives can submit dossiers in advance of any formal Rule 85 determination addressing the question of who is a “victim.” Where and how to submit the dossier, however, deserves careful attention, for there are a number of potential alternative legal bases for incorporating it into the ICC’s permanent record. A carefully prepared, accurate, and professional dossier, submitted to the Prosecutor and Chamber pursuant to stated legal authority, will significantly assist the Prosecutor in conducting the investigation and framing possible charges. Such a dossier will also aid the Chamber in assessing the merits of the case. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Victimization Dossier」の詳細全文を読む スポンサード リンク
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