Why Now, to What End, and How?

Proceedings before the International Criminal Court (ICC) can form integral parts of encompassing transitional justice processes for addressing international crimes. Therefore, the ICC’s principle of complementarity is essential to determine whether justice must be served and by whom – states or the ICC. In April 2024, the ICC’s Office of the Prosecutor published its first Policy on Complementarity and Cooperation, which reflects a broader evolution of victims’ roles in international law: from non-recognition to justice actors with numerous rights and an independent voice in proceedings. It emphasises strategic partnership and vigilance as tools for diminishing the impunity gap and bringing justice closer to victims. This chapter examines the policy through the lens of generations of victim participation. It concludes that structural changes at the ICC are necessary to maximise the policy’s potential for continuous meaningful victim participation at all stages of proceedings nationally, regionally, and internationally.