In this Article, Professor Aldana-Pindell explores the norms establishing a state's responsibility to grant victims of human rights violations adequate rights in the criminal prosecution process as a remedy for their victimization. She argues that victim-focused prosecution norms comport and provide more effective means of promoting respect for human rights, in certain nations in democratic transition from mass atrocities. Moreover, she suggests that, as part of other justice reforms, states plagued with impunity should adopt criminal procedures granting surviving human rights victims greater standing in the prosecution process. Professor Aldana-Pindell then uses Guatemala to examine the factors that compel the need for reformed victim's rights in a country whose criminal justice system is wrought with incompetence and corruption.
In Vindication of Justiciable Victims' Rights to Truth and Justice for State-Sponsored Crimes,
35 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol35/iss5/1