Inclusion by Exclusion: Participation, Structure and the Marginalization of Victims of Conflict-Related Sexual Violence at the ICC

Sehgal, Harkiran ORCID: https://orcid.org/0009-0007-5111-1332 (2026) Inclusion by Exclusion: Participation, Structure and the Marginalization of Victims of Conflict-Related Sexual Violence at the ICC. International Criminal Law Review. Brill Nijhoff . ISSN 1567-536X (In Press) Available at: https://doi.org/10.1163/15718123-bja10290

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Abstract

While the issue of victim participation at the International Criminal Court (ICC) has been discussed from various angles, there appears to be a significant void in the literature with regard to the discussion of the experience of conflict-related sexual violence (CRSV) victims in this context. This article argues that the victim participation system of the ICC is not only defective in terms of its implementation but also contradictory by structure. In light of this, the article investigates the answer to the following question: To what extent does the structural design of the International Criminal Court’s victim participation scheme undermine meaningful participation by victims of sexual violence during conflict? The article examines the challenges faced by CRSV victims to present their views and concerns directly to the Court and thereby recommend solutions that can be possible to ensure effective and meaningful participation of victims.

Item Type: Article
Uncontrolled Keywords: Common legal representatives | Conflict-related sexual violence | International Criminal Court | Victim participation
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Divisions: Jindal Global Law School
Depositing User: Mr. Syed Anas Ali
Date Deposited: 28 Sep 2026 06:44
Last Modified: 29 Sep 2026 07:13
Official URL: https://doi.org/10.1163/15718123-bja10290
URI: https://pure.jgu.edu.in/id/eprint/12701

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