Representation in Context: Constructing Victims’ Claims in the International Criminal Court

Drawing on recent criticisms of victim representation in the International Criminal Court (ICC), I examine the challenges of claim-making in a particular institutional context. I use this case study to make three points about Michael Saward’s general theory of representation. First, I argue that Saward’s general criteria need to be modified in light of an institution’s particular norms, capacities, and directives. Second, I show that retrospective claim-reception is insufficient for guaranteeing that the appropriate constituencies will have the “ultimate say” in claim-reception. Third, I illustrate how the quality of the relationship between the representative and represented can adversely impact the managerial function of representatives. In this way, I show how an institution’s features can importantly condition the representative claim.