Till the Rules of Procedure and Evidence Do Us Part: Should Deceased Persons Be Admitted as Victims before the ICC?

Can convicted persons at the ICC get away with murder? In the context of victim representation for participation and reparations, this has already happened. For many years, ICC case law ruled that victims who died before applying for participation and reparations could not be represented posthumously, rendering deceased persons practically invisible in that dimension of proceedings. However, a minority opinion arguing that the views, concerns, and reparations claims of some deceased victims should be considered is gaining renewed traction. The ICC now stands at a crossroads between two diametrically opposed interpretations. The approach ultimately adopted will affect the accountability of convicted persons, the ICC’s role in truth-telling, and its legacy. This article argues that excluding applications on behalf of deceased victims is flawed and advocates abandoning unduly restrictive interpretations in favour of a consistent, victim-centred and human rights–anchored approach.