ABSTRACT

Victim participation has been widely touted as an initiative that conforms to a restorative justice approach within the framework of retributive institutions of transitional justice. Yet, the limits on actual participation have meant that the restorative justice potential of these innovations has not been realised. An examination of the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia's victim participation schemes shows that restorative efforts are overshadowed by elite-control and the dominance of legalism. This chapter argues that, for victim participation to achieve its restorative justice ambition, elites must devolve process control to, and provide more meaningful opportunities for engagement by, victims and other stakeholders.