Justice for Victims: Perspectives on rights, transition and reconciliation PDF
Preview Justice for Victims: Perspectives on rights, transition and reconciliation
‘This book is imaginative, ambitious, state of the art, interdisciplinary and international and has futuristic reflections on justice for victims.’ Dr Pamela Davies, Teaching Fellow and Director of Criminology, Northumbria University, UK ‘Justice for Victims is an anthology that should be in university libraries across the world. It provides an impressive smorgasbord of writings from some known scholars, but also many new scholars whose contributions to Victimology can now be easily accessed. It covers rights for victims, justice in countries in transition, and issues of reconciliation between oppressors and oppressed.’ Irvin Waller, President, International Organization for Victim Assistance and Professor, University of Ottawa, Canada This page intentionally left blank Justice for Victims Justice for Victims brings together the world’s leading scholars in the fields of study sur- rounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) vic- timization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims’ rights, transitional justice and victims’ perspectives, and trauma, resilience and justice. Victims’ rights are conceptualized in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from the point of view of those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. It will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work. Inge Vanfraechem, PhD, is Manager of the European FP7 ALTERNATIVE project and works at the KU Leuven, where she received her BA, MA and PhD in criminology (2006). Dr Vanfraechem is the editor of Restorative Justice: an International Journal, the only peer-reviewed, high standard, academic and international journal in the field of restorative justice. Dr Vanfraechem is also a key member of the Working Group on Victimology of the European Society of Criminology (ESC). Antony Pemberton, PhD, is Associate Professor and Director of Studies at the Interna- tional Victimology Institute Tilburg (INTERVICT) in the Netherlands. He has published more than 60 articles, books and book chapters on victimological subjects, with a particular emphasis on victims in justice processes. Felix Mukwiza Ndahinda, PhD, is an Assistant Professor at Tilburg Law School’s Inter- national Victimology Institute Tilburg (INTERVICT, Tilburg University, the Netherlands) and he is also the coordinator for the Masters in Victimology and Criminal Justice at Tilburg Law School. He holds a PhD from Tilburg University (2009); an LLM from the Raoul Wal- lenberg Institute of Human Rights (Sweden-2006) and a Bachelor’s degree (LLB) from the National University of Rwanda (2003). This page intentionally left blank Justice for Victims Perspectives on rights, transition and reconciliation Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda With Ivo Aertsen, Victor Jammers, Sonja Leferink, Rianne Letschert and Stephan Parmentier RO Routledge U TLED Taylor & Francis Group G E LONDON AND NEW YORK First published 2014 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the USA and Canada by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2014 selection and editorial material, Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda; individual chapters, the contributors. The right of Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda to be identified as author of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Justice for victims: perspectives on rights, transition and reconciliation / edited by Inge Vanfraechem, Antony Pemberton and Felix Mukwiza Ndahinda. pages cm 1. Victims of crimes. 2. Restorative justice. I. Vanfraechem, Inge. II. Pemberton, Antony. III. Ndahinda, Felix Mukwiza. HV6250.25.J87 2014 362.88–dc23 2013048744 ISBN13: 978-0-415-63433-5 (hbk) ISBN13: 978-0-203-09453-2 (ebk) Typeset in Times New Roman by Sunrise Setting Ltd, Paignton, UK Contents List of figures x List of tables xi List of contributors xii Acknowledgements xvii General introduction 1 FELIX MUKWIZA NDAHINDA, ANTONY PEMBERTON AND INGE VANFRAECHEM PART I Victims’ rights 9 1 Victims’ rights 11 PAUL ROCK 2 Respecting victims of crime: key distinctions in a theory of victims’ rights 32 ANTONY PEMBERTON 3 Recognition of victims’ rights through EU action: latest developments and challenges 51 HELGA EZENDAM AND FRIDA WHELDON 4 Implementing victim rights in newly industrialized countries: reflections on major challenges and recommendations for the future 66 K. JAISHANKAR viii Contents 5 Should reparations for massive human rights abuses perpetrated on African victims during colonial times be given? 89 JEREMY SARKIN 6 State compensation for victims of violent crime 105 DAVID MIERS 7 Legal protection and assistance for victims of human trafficking in the United States: a harm reduction approach 140 XIN REN PART II Transitional justice 159 8 Victims, transitional justice and social reconstruction: who is setting the agenda? 161 HARVEY WEINSTEIN 9 Integral justice for victims 183 RAMA MANI 10 Repairing the impossible: victimological approaches to international crimes 210 RIANNE LETSCHERT AND STEPHAN PARMENTIER 11 Transitional justice and the victims: a special focus on the case of Chile 228 JOSÉ ZALAQUETT 12 The Transitional Justice Imaginary: Uncle San, Aunty Yan and victim participation at the Khmer Rouge Tribunal 247 ALEXANDER LABAN HINTON PART III Trauma, resilience and justice 263 13 Perceived control over traumatic events: is it always adaptive? 265 PATRICIA FRAZIER Contents ix 14 Procedural justice for victims of crime: are victim impact statements and victim–offender mediation rising to the challenge? 277 TINNEKE VAN CAMP AND VICKY DE MESMAECKER 15 Delivering justice to child victims of crime: navigating the support and criminal justice systems 300 ILSE VANDE WALLE 16 ETA terrorism victims’ experience with restorative encounters in Spain 322 GEMA VARONA 17 Victims of corruption: a conceptual framework 355 QINGLI MENG AND PAUL C. FRIDAY 18 Reconceptualizing sexual victimization and justice 378 KATHLEEN DALY Index 396
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