In particular, the above three definitions define the term “victim” by reference to the harm suffered and not to the offence committed against him. The concept of victim is therefore understood in direct relation to the victim and not to the act of the perpetrator (although, of course, there must be a link between the damage suffered and the act committed). 16. The police, the judiciary, health services, social services and other relevant personnel should be trained to sensitize them to the needs of victims and receive advice to ensure adequate and prompt assistance. A victim is defined as a person who has suffered physical or mental harm, property damage or economic loss as a result of a crime. Rights are granted to a victim who is in Canada or who is a Canadian citizen or permanent resident. In cases where a defendant has been found incapable or not criminally responsible by reason of a mental disorder, the victim may exercise his or her rights while under the jurisdiction of a court or jury. The definition contained in the ICC rules differs from the definition of ad hoc tribunals for Rwanda and the former Yugoslavia respectively and marks a shift in the focus on the role of the victim in international criminal law (discussed below in the context of victimology and the appearance of the victim in international justice). 6. The consideration of judicial and administrative proceedings to the needs of victims should be facilitated by: (1) addressing the emotional, psychological or physical needs of victims of crime; 2) help victims stabilize their lives after being victimized; (d) Take measures to minimize inconvenience to victims, protect their privacy where necessary and ensure their safety, as well as that of their families and witnesses on their behalf, from intimidation and reprisals; A person should be considered a victim, whether or not the offender is identified, arrested, prosecuted or convicted, and regardless of any family or other relationship between the offender and the victim. The term “survivors” may be preferred in some cases by those who have been harmed.

(General Comment No. 3 CAT/C/GC/3, para. 3). Since the definition of victim was explicitly taken into account by the authors in the Statement of Fundamental Principles, the exclusion of any reference to collective harm or victim status in Rule 85 (a) was probably a deliberate decision. Thus, while crimes such as crimes against humanity are large-scale crimes and have an inherently collective component, it is the notion of personal harm to the individual, regardless of position, that determines the individual`s status as a victim before the ICC. This may have the effect of excluding any broad, collective, diaspora-like claim to the Court or that might otherwise place the individual participant in a capacity to represent the community concerned (McDermott, 2009, p. 32). [V]ictime means persons who, individually or collectively, have suffered harm as a result of acts or omissions constituting gross violations of international human rights law or serious violations of international humanitarian law, including bodily or mental harm, mental suffering, economic loss or significant impairment of their human rights. Where appropriate and in accordance with national legislation, the term “victim” also includes immediate family members or dependants of the direct victim and persons who have suffered harm by intervening to assist victims in need or to prevent victimization (General Assembly resolution 60/147). If a terrorist act falls within the scope of one of the core crimes within the jurisdiction of the International Criminal Court (ICC), Rule 85 of its Rules of Procedure and Evidence (ICC, 2013) defines the term “victim” as follows: There is no uniform and universally accepted definition of the term “victim”. However, there are several important international instruments that identify the essential elements of “sacrifice” to which the international community commonly refers.

One such instrument is the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (Declaration of Basic Principles) (General Assembly resolution 40/34), which defines the term “victim” as follows: (b) Allow the views and concerns of victims to be expressed and taken into account at appropriate stages of the proceedings where their personal interests are at stake; without prejudice to the accused person and in accordance with the relevant national criminal justice system; Moreover, basing the concept of victimisation on the harm suffered, the three definitions naturally cover both direct and indirect victims, since the link to be examined is between the offence and the damage caused by it and not between the offence and the direct victim. This means that families of direct victims who have been harmed as a result of the direct targeting of a family member are covered by the definition. For the same reason, the definition would also include children born to women as a result of rape. Children born as a result of rape may be stigmatized in post-conflict societies because of a perceived relationship to their father, leading to social isolation and physical and psychological harm. At the same time, mothers who have been victims of rape and forced pregnancy may struggle to bond with their child, with the potential for neglect and abuse. Despite these important issues, children have received limited recognition in international criminal law and have been widely seen as evidence of harm to their mothers rather than independent victims. The Canadian Victims Bill of Rights requires victims of crime: 7. Informal dispute resolution mechanisms, including mediation, arbitration, and Aboriginal or common law practices, should be used, where appropriate, to facilitate mediation and reparation for victims. 2. A person may be considered a victim under this statement whether or not the offender is identified, arrested, prosecuted or convicted and regardless of the family relationship between the offender and the victim.