Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.003.0009
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This chapter considers the rights and duties of domestic-violence victims with respect to participating in the prosecution of domestic-violence cases. First, it revisits and expands upon the ...
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This chapter considers the rights and duties of domestic-violence victims with respect to participating in the prosecution of domestic-violence cases. First, it revisits and expands upon the distinction briefly sketched in Chapter 5 between ‘reasons to do it yourself’ and ‘reasons to help someone else do it’ in order to identify the kinds of reasons which might ground a better understanding of the rights and duties of victims in the context of criminal prosecutions. Second, it considers the nature and scope of victims' rights to participate in domestic-violence prosecutions. Third, it considers whether victims ever have a duty to participate in domestic-violence prosecutions. Finally, the chapter argues that prosecutorial enforcement of this duty through legal mechanisms such as subpoena enforcement and contempt of court is unlikely ever to be justified, and even where justified, is self-defeating to the project of feminist prosecution defended in this book.Less
This chapter considers the rights and duties of domestic-violence victims with respect to participating in the prosecution of domestic-violence cases. First, it revisits and expands upon the distinction briefly sketched in Chapter 5 between ‘reasons to do it yourself’ and ‘reasons to help someone else do it’ in order to identify the kinds of reasons which might ground a better understanding of the rights and duties of victims in the context of criminal prosecutions. Second, it considers the nature and scope of victims' rights to participate in domestic-violence prosecutions. Third, it considers whether victims ever have a duty to participate in domestic-violence prosecutions. Finally, the chapter argues that prosecutorial enforcement of this duty through legal mechanisms such as subpoena enforcement and contempt of court is unlikely ever to be justified, and even where justified, is self-defeating to the project of feminist prosecution defended in this book.
Howard Morrison and Emma Pountney
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780199687459
- eISBN:
- 9780191767111
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199687459.003.0009
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter first examines the rationale for victim participation. The goals of victim participation include the reparative effect on victims, the contribution to ‘truth’, and balancing the fair ...
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This chapter first examines the rationale for victim participation. The goals of victim participation include the reparative effect on victims, the contribution to ‘truth’, and balancing the fair trial rights of the accused. The chapter then outlines the key features of the Special Tribunal for Lebanon's (STL) victim regime; evaluates the STL regime against the goals of victim participation; and considers options for addressing the continuing tension between victim participation in theory and in practice.Less
This chapter first examines the rationale for victim participation. The goals of victim participation include the reparative effect on victims, the contribution to ‘truth’, and balancing the fair trial rights of the accused. The chapter then outlines the key features of the Special Tribunal for Lebanon's (STL) victim regime; evaluates the STL regime against the goals of victim participation; and considers options for addressing the continuing tension between victim participation in theory and in practice.
Paul Christoph Bornkamm
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199694471
- eISBN:
- 9780191738326
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694471.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in ...
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Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book provides a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.Less
Rwanda's Gacaca courts provide an innovative response to the genocide of 1994. Incorporating elements of both African dispute resolution and of Western-style criminal courts, Gacaca courts are in line with recent trends to revive traditional grassroots mechanisms as a way of addressing a violent past. Having been devised as a holistic approach to prosecution and punishment as well as to healing and repairing, they also reflect the increasing importance of victim participation in international criminal justice. This book critically examines the Gacaca courts' achievements as a mechanism of criminal justice and as a tool for healing, repairing, and reconciling the shattered communities. Having prosecuted over one million people suspected of crimes during the 1994 genocide, the courts have been both praised for their efficiency and condemned for their lack of due process. Drawing upon extensive observations of trial proceedings, this book provides a detailed analysis of the Gacaca legislation and its practical implementation. It discusses the Gacaca courts within the framework of transitional and international criminal justice and argues that, despite the trend towards local, tailor-made solutions to the challenges of political transition, there is a common set of principles to be respected in addressing the past. Evaluating the Gacaca courts against the backdrop of existing or emerging principles, such as the duties to investigate and prosecute, and the right to the truth, the book provides a sophisticated critique of Rwanda's reconciliation policy. In doing so, it contributes to the development and the clarification of these principles. It concludes that Gacaca courts have achieved a great deal in stimulating a basic discourse on the genocide, but they have also contributed to assigning collective responsibility and may thus end up deepening the divides within Rwandan society.
Juan-Pablo Pérez-León-Acevedo
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780198870753
- eISBN:
- 9780191913365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198870753.003.0018
- Subject:
- Law, Public International Law, Comparative Law
This chapter argues that female judges at the International Criminal Court (ICC) have made significant meaningful contributions to the ICC jurisprudence on victim matters. They have interpreted and ...
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This chapter argues that female judges at the International Criminal Court (ICC) have made significant meaningful contributions to the ICC jurisprudence on victim matters. They have interpreted and applied the ICC legal framework on victims, have fleshed out the contours and scope of normative provisions, and have faced substantive and procedural issues on victim-witness protection, victim participation and reparations at the ICC. This chapter uses international human rights as a standard to assess the legitimacy of ICC jurisprudence. The jurisprudence on defence rights has largely sought to strike a balance between defence and victim rights. However, some jurisprudence on victims (partially) construed by female judges prompts questions on whether respect for defence rights or other ICC goals may have been compromised. It is argued that all ICC judges, including female judges, should take distance from excessive pro-victim judicial activism to fully respect defence rights, and avoid victim frustration.Less
This chapter argues that female judges at the International Criminal Court (ICC) have made significant meaningful contributions to the ICC jurisprudence on victim matters. They have interpreted and applied the ICC legal framework on victims, have fleshed out the contours and scope of normative provisions, and have faced substantive and procedural issues on victim-witness protection, victim participation and reparations at the ICC. This chapter uses international human rights as a standard to assess the legitimacy of ICC jurisprudence. The jurisprudence on defence rights has largely sought to strike a balance between defence and victim rights. However, some jurisprudence on victims (partially) construed by female judges prompts questions on whether respect for defence rights or other ICC goals may have been compromised. It is argued that all ICC judges, including female judges, should take distance from excessive pro-victim judicial activism to fully respect defence rights, and avoid victim frustration.
Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0011
- Subject:
- Law, Human Rights and Immigration
International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access ...
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International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access to justice. On three recent occasions, for example, the Inter-American Court has pronounced on the incompatibility of self-amnesties with the relevant provisions of the American Convention on Human Rights.This evolution has disclosed both an institutional and a jurisprudential dimension. The former is materialized in the presence and participation of the victims in all stages of the international legal procedure. The second has recently culminated in holdings of the Inter-American Court to the effect that the right of access to justice has nowadays entered the domain of jus cogens.Less
International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access to justice. On three recent occasions, for example, the Inter-American Court has pronounced on the incompatibility of self-amnesties with the relevant provisions of the American Convention on Human Rights.This evolution has disclosed both an institutional and a jurisprudential dimension. The former is materialized in the presence and participation of the victims in all stages of the international legal procedure. The second has recently culminated in holdings of the Inter-American Court to the effect that the right of access to justice has nowadays entered the domain of jus cogens.
Stephen Cody and Eric Stover
- Published in print:
- 2020
- Published Online:
- June 2020
- ISBN:
- 9780198858621
- eISBN:
- 9780191890819
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198858621.003.0037
- Subject:
- Law, Public International Law
This chapter studies the participation of victims in international criminal tribunals. Victim participation in international criminal trials has been uneven. Historically, prosecutors often have ...
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This chapter studies the participation of victims in international criminal tribunals. Victim participation in international criminal trials has been uneven. Historically, prosecutors often have side-lined victim testimony in favour of documentary or physical evidence or assumed that justice for victims equated to retributive punishment of offenders. In recent decades, however, victims have become more active contributors in criminal investigations and proceedings. Victim participation at all stages of the Hissène Habré trial, for example, suggests a growing trend towards greater victim inclusion in international and national criminal trials. As such, it is incumbent on court personnel, as well as international justice researchers and practitioners, to better understand the diverse needs of victims and how they can be best supported before, during, and after trials.Less
This chapter studies the participation of victims in international criminal tribunals. Victim participation in international criminal trials has been uneven. Historically, prosecutors often have side-lined victim testimony in favour of documentary or physical evidence or assumed that justice for victims equated to retributive punishment of offenders. In recent decades, however, victims have become more active contributors in criminal investigations and proceedings. Victim participation at all stages of the Hissène Habré trial, for example, suggests a growing trend towards greater victim inclusion in international and national criminal trials. As such, it is incumbent on court personnel, as well as international justice researchers and practitioners, to better understand the diverse needs of victims and how they can be best supported before, during, and after trials.
T. Markus Funk
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199941469
- eISBN:
- 9780190236700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199941469.003.0012
- Subject:
- Law, Criminal Law and Criminology, Public International Law
This section draws on the earlier discussion of the promises and pitfalls of the ICC’s legal provisions, as well as the realities of practice at the ICC, to sketch out trial strategies and trial ...
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This section draws on the earlier discussion of the promises and pitfalls of the ICC’s legal provisions, as well as the realities of practice at the ICC, to sketch out trial strategies and trial skills necessary for effective victim representation. The Pre-Trial Chambers are responsible for all judicial proceedings prior to, and including, the confirmation of the Prosecutor’s charges. Thus, the Pre-Trial Chamber oversees the overall integrity and fairness of the proceedings during the investigation phase of cases. The Rome Statute also vests the Pre-Trial Chamber with authority to review the Prosecutor’s decision not to proceed with an investigation. This review can occur on the Pre-Trial Chamber’s own motion, following the request of a state that had made an Article 14 referral, or after the Security Council refers the case pursuant to Article 13(b). Article 65 resolves this dispute by permitting guilty pleas.Less
This section draws on the earlier discussion of the promises and pitfalls of the ICC’s legal provisions, as well as the realities of practice at the ICC, to sketch out trial strategies and trial skills necessary for effective victim representation. The Pre-Trial Chambers are responsible for all judicial proceedings prior to, and including, the confirmation of the Prosecutor’s charges. Thus, the Pre-Trial Chamber oversees the overall integrity and fairness of the proceedings during the investigation phase of cases. The Rome Statute also vests the Pre-Trial Chamber with authority to review the Prosecutor’s decision not to proceed with an investigation. This review can occur on the Pre-Trial Chamber’s own motion, following the request of a state that had made an Article 14 referral, or after the Security Council refers the case pursuant to Article 13(b). Article 65 resolves this dispute by permitting guilty pleas.
Liesbeth Zegveld
- Published in print:
- 2020
- Published Online:
- June 2020
- ISBN:
- 9780198858621
- eISBN:
- 9780191890819
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198858621.003.0036
- Subject:
- Law, Public International Law
This chapter explores and challenges the promise of victim participation before the International Criminal Court (ICC). Victims are a key reason for international criminal trials. Indeed, trials are ...
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This chapter explores and challenges the promise of victim participation before the International Criminal Court (ICC). Victims are a key reason for international criminal trials. Indeed, trials are said to be held because of the great numbers of victims the crimes have created. Perpetrators are prosecuted so victims can see justice being done. Yet when it comes to victims who want to claim their own rights before international criminal courts, the picture is less clear. International courts have struggled with how to deal with victims. Responses to victims’ participation in criminal trials have ranged from outright opposition, to reluctant acceptance, to apparent embrace. Even when there seems to be embrace, though, under the surface victims struggle to have their suffering and damage recognized. Victims are merely third-parties in the criminal trial. The charges are not their charges; they may not fit their damage. What is more, courts deal with victims collectively, denying them the individual attention their claims may demand. To make things worse, rather than applying the legal principle of accountability to victims' claims for damage, courts have a tendency to address victims' damage as a humanitarian problem that can be solved through humanitarian assistance.Less
This chapter explores and challenges the promise of victim participation before the International Criminal Court (ICC). Victims are a key reason for international criminal trials. Indeed, trials are said to be held because of the great numbers of victims the crimes have created. Perpetrators are prosecuted so victims can see justice being done. Yet when it comes to victims who want to claim their own rights before international criminal courts, the picture is less clear. International courts have struggled with how to deal with victims. Responses to victims’ participation in criminal trials have ranged from outright opposition, to reluctant acceptance, to apparent embrace. Even when there seems to be embrace, though, under the surface victims struggle to have their suffering and damage recognized. Victims are merely third-parties in the criminal trial. The charges are not their charges; they may not fit their damage. What is more, courts deal with victims collectively, denying them the individual attention their claims may demand. To make things worse, rather than applying the legal principle of accountability to victims' claims for damage, courts have a tendency to address victims' damage as a humanitarian problem that can be solved through humanitarian assistance.
Mark Austin Walters
- Published in print:
- 2014
- Published Online:
- June 2014
- ISBN:
- 9780199684496
- eISBN:
- 9780191783005
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199684496.003.0002
- Subject:
- Law, Criminal Law and Criminology, Philosophy of Law
Chapter 2 introduces the reader to the theory and practice of RJ. Drawing on a largely reparative conception of restorative practice, the chapter explores how dialogical and participatory responses ...
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Chapter 2 introduces the reader to the theory and practice of RJ. Drawing on a largely reparative conception of restorative practice, the chapter explores how dialogical and participatory responses to crime can help to repair the harms it causes. Both normative assumptions and empirical findings about RJ’s repairing benefits are examined, while the limitations of existing research methods are outlined. The chapter concludes by summarizing the potential benefits and pitfalls of using RJ for hate crime. In particular, the chapter highlights how the restorative process attempts to reduce levels of fear, anxiety, and anger by breaking down identity and cultural differences. The challenges of bringing vulnerable and marginalized victims together with dominant aggressive offenders are also highlighted.Less
Chapter 2 introduces the reader to the theory and practice of RJ. Drawing on a largely reparative conception of restorative practice, the chapter explores how dialogical and participatory responses to crime can help to repair the harms it causes. Both normative assumptions and empirical findings about RJ’s repairing benefits are examined, while the limitations of existing research methods are outlined. The chapter concludes by summarizing the potential benefits and pitfalls of using RJ for hate crime. In particular, the chapter highlights how the restorative process attempts to reduce levels of fear, anxiety, and anger by breaking down identity and cultural differences. The challenges of bringing vulnerable and marginalized victims together with dominant aggressive offenders are also highlighted.
T. Markus Funk
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199941469
- eISBN:
- 9780190236700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199941469.003.0007
- Subject:
- Law, Criminal Law and Criminology, Public International Law
Rule 85(a) defines the term “victims.” Full participation at the ICC requires victims to first obtain official ICC registration. The task of becoming a registered victim, however, is more challenging ...
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Rule 85(a) defines the term “victims.” Full participation at the ICC requires victims to first obtain official ICC registration. The task of becoming a registered victim, however, is more challenging than it might first appear. In the past, applications prepared by nongovernmental organizations have contained errors, prompting the Court to dismiss them. Victim representatives must therefore take care that information be accurate and verified, and that the time, date, nature, and location of the alleged harm carefully correspond with the criminal conduct alleged in the charging document. In order to maximize the chances of securing participatory rights, then, it is advisable that the victim representative go beyond the minimum statutory requirements. Rule 50(1) requires the Office of the Prosecutor to inform potential victims and the Victims and Witnesses Unit of any decision to seek Pre-Trial Chamber authorization to initiate an investigation in accordance with Article 15(3).Less
Rule 85(a) defines the term “victims.” Full participation at the ICC requires victims to first obtain official ICC registration. The task of becoming a registered victim, however, is more challenging than it might first appear. In the past, applications prepared by nongovernmental organizations have contained errors, prompting the Court to dismiss them. Victim representatives must therefore take care that information be accurate and verified, and that the time, date, nature, and location of the alleged harm carefully correspond with the criminal conduct alleged in the charging document. In order to maximize the chances of securing participatory rights, then, it is advisable that the victim representative go beyond the minimum statutory requirements. Rule 50(1) requires the Office of the Prosecutor to inform potential victims and the Victims and Witnesses Unit of any decision to seek Pre-Trial Chamber authorization to initiate an investigation in accordance with Article 15(3).
Alain Werner and Emmanuelle Marchand
- Published in print:
- 2020
- Published Online:
- June 2020
- ISBN:
- 9780198858621
- eISBN:
- 9780191890819
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198858621.003.0018
- Subject:
- Law, Public International Law
This chapter examines how victim representation worked at the Extraordinary African Chambers (EAC) and how it differed from other international tribunals such as the Extraordinary Chambers in the ...
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This chapter examines how victim representation worked at the Extraordinary African Chambers (EAC) and how it differed from other international tribunals such as the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC and the EAC are the only ad hoc tribunals that have allowed victims participation. The reason for this is that both hybrid tribunals are rooted in the French civil law system, which awards civil party status to the victims. This status recognizes victims as a legal party to the proceedings. Overall, in the Hissène Habré case, the different roles amongst the national and international lawyers representing the victims were better defined than in the first trial in front of the ECCC. Similarly, the collaboration between the civil parties' lawyers and the Prosecution was better organized in the Habré trial than in front of the ECCC.Less
This chapter examines how victim representation worked at the Extraordinary African Chambers (EAC) and how it differed from other international tribunals such as the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC and the EAC are the only ad hoc tribunals that have allowed victims participation. The reason for this is that both hybrid tribunals are rooted in the French civil law system, which awards civil party status to the victims. This status recognizes victims as a legal party to the proceedings. Overall, in the Hissène Habré case, the different roles amongst the national and international lawyers representing the victims were better defined than in the first trial in front of the ECCC. Similarly, the collaboration between the civil parties' lawyers and the Prosecution was better organized in the Habré trial than in front of the ECCC.
T. Markus Funk
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199941469
- eISBN:
- 9780190236700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199941469.003.0009
- Subject:
- Law, Criminal Law and Criminology, Public International Law
The drafting of legislation containing sweeping, optimistic preambles is a far more simple undertaking than lending substantive meaning to those codified ambitions. The ICC’s articles and rules may ...
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The drafting of legislation containing sweeping, optimistic preambles is a far more simple undertaking than lending substantive meaning to those codified ambitions. The ICC’s articles and rules may lead to the reasonable belief that victim participation will be both substantive and widespread. However, the ICC has not lived up to the high expectations it set for itself. Consider the number of victims in the Democratic Republic of the Congo, where between 1998 and 2004 more than three million people died from murder, starvation, and disease, and millions more were displaced. Despite these atrocities, as well as those committed elsewhere, the ICC in its first seven years received fewer than one thousand victim applications to participate in proceedings. Only a fraction of these victims have obtained the “status of victim.” The toll of administrative burdens foisted on this court of limited jurisdiction will undoubtedly dissuade many victims from joining the process.Less
The drafting of legislation containing sweeping, optimistic preambles is a far more simple undertaking than lending substantive meaning to those codified ambitions. The ICC’s articles and rules may lead to the reasonable belief that victim participation will be both substantive and widespread. However, the ICC has not lived up to the high expectations it set for itself. Consider the number of victims in the Democratic Republic of the Congo, where between 1998 and 2004 more than three million people died from murder, starvation, and disease, and millions more were displaced. Despite these atrocities, as well as those committed elsewhere, the ICC in its first seven years received fewer than one thousand victim applications to participate in proceedings. Only a fraction of these victims have obtained the “status of victim.” The toll of administrative burdens foisted on this court of limited jurisdiction will undoubtedly dissuade many victims from joining the process.
Christoph Sperfeldt
- Published in print:
- 2020
- Published Online:
- June 2020
- ISBN:
- 9780198858621
- eISBN:
- 9780191890819
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198858621.003.0038
- Subject:
- Law, Public International Law
This chapter focuses on the particular problem of victim satisfaction, considering reparations. One of the interesting features of the Extraordinary African Chambers (EAC) is that its victim ...
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This chapter focuses on the particular problem of victim satisfaction, considering reparations. One of the interesting features of the Extraordinary African Chambers (EAC) is that its victim participation scheme allows individual victims of crime to submit claims for reparations. The promise that reparations can be delivered through international criminal justice has now been around for more than two decades, but the first practice has only emerged in the last few years. The adjudication of the first reparations claims before the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) has been arduous and revealed disagreement within and outside these courts over the nature, extent, and purpose of reparations in an international criminal justice framework. Considerable uncertainty surrounds whether these reparations schemes can live up to expectations placed upon them. It is in this context that an examination and a comparative discussion of the EAC's approach to reparations might provide some fruitful insights.Less
This chapter focuses on the particular problem of victim satisfaction, considering reparations. One of the interesting features of the Extraordinary African Chambers (EAC) is that its victim participation scheme allows individual victims of crime to submit claims for reparations. The promise that reparations can be delivered through international criminal justice has now been around for more than two decades, but the first practice has only emerged in the last few years. The adjudication of the first reparations claims before the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) has been arduous and revealed disagreement within and outside these courts over the nature, extent, and purpose of reparations in an international criminal justice framework. Considerable uncertainty surrounds whether these reparations schemes can live up to expectations placed upon them. It is in this context that an examination and a comparative discussion of the EAC's approach to reparations might provide some fruitful insights.
Alexander Laban Hinton
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198820949
- eISBN:
- 9780191860607
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198820949.003.0004
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Overview: Focusing on two in-depth case studies (Khmer Institute of Democracy (KID) and the Center for Social Development), the next two chapters unpack the genealogies of these intermediary outreach ...
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Overview: Focusing on two in-depth case studies (Khmer Institute of Democracy (KID) and the Center for Social Development), the next two chapters unpack the genealogies of these intermediary outreach non-governmental organizations (NGOs) and the institutional practices that laid a basis for their specific Khmer Rouge Tribunal outreach activities. This history, as well as the background and vision of the NGO leaders, is critical to understanding how, in the interstices of the transitional justice assemblage, these NGOs “translated” global justice in complicated, uneven, and creative ways often by using simplification and vernacularization, including the use of Buddhist concepts. More detailed: Chapter 2, “Time,” picks up this line discussion by looking at the history of KID and how the booklet was linked to the NGO’s earlier aims and practices. By exploring the creation and use of this booklet, the chapter also explores different “vortices” or whirlpools of movement that, if affected by the force of the “global justice,” are also informed by other contextual factors and are combustive in the sense of generating acts of imagination. By focusing on an NGO and particular individuals who played a direct or indirect role in the creation of the booklet, this chapter foregrounds lived experience and interstitiality, thus seeking to go beyond the global-local binary in different ways.Less
Overview: Focusing on two in-depth case studies (Khmer Institute of Democracy (KID) and the Center for Social Development), the next two chapters unpack the genealogies of these intermediary outreach non-governmental organizations (NGOs) and the institutional practices that laid a basis for their specific Khmer Rouge Tribunal outreach activities. This history, as well as the background and vision of the NGO leaders, is critical to understanding how, in the interstices of the transitional justice assemblage, these NGOs “translated” global justice in complicated, uneven, and creative ways often by using simplification and vernacularization, including the use of Buddhist concepts. More detailed: Chapter 2, “Time,” picks up this line discussion by looking at the history of KID and how the booklet was linked to the NGO’s earlier aims and practices. By exploring the creation and use of this booklet, the chapter also explores different “vortices” or whirlpools of movement that, if affected by the force of the “global justice,” are also informed by other contextual factors and are combustive in the sense of generating acts of imagination. By focusing on an NGO and particular individuals who played a direct or indirect role in the creation of the booklet, this chapter foregrounds lived experience and interstitiality, thus seeking to go beyond the global-local binary in different ways.
Alexander Hinton
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198820949
- eISBN:
- 9780191860607
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198820949.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Is there a point to international justice? This book explores this question in Cambodia, where Pol Pot’s Khmer Rouge revolutionaries committed genocide and crimes against humanity in an attempt to ...
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Is there a point to international justice? This book explores this question in Cambodia, where Pol Pot’s Khmer Rouge revolutionaries committed genocide and crimes against humanity in an attempt to create a pure socialist regime (1975–1979). Due to geopolitics, it was only in 2006 that a UN-backed hybrid tribunal, the Extraordinary Chambers in the Courts of Cambodia (“Khmer Rouge Tribunal”), commenced operation, one of a growing number of post-Cold War transitional justice interventions. The Justice Facade argues that there is a point to such tribunals, but it is masked by a set of utopian human rights and democratization ideals. Instead of projecting this transitional justice imaginary onto post-conflict peacebuilding efforts, we need to step behind the justice facade to examine what tribunals mean in terms of everyday life and practices—such as the Buddhist beliefs and ritual interactions with the spirits of the dead that are critical to Cambodian victims and survivors. In making this argument, The Justice Facade focuses on civil society outreach efforts to “translate” the court in terms meaningful to Cambodians, the majority of whom are rural villagers, as well as the experience of Cambodian civil parties who testified. This ground-breaking study of transitional justice and demonstration of the importance of examining “justice in translation” is of critical importance not just to those working in the field of transitional justice and law, but in related fields such as development, human rights, anthropology, and peacebuilding.Less
Is there a point to international justice? This book explores this question in Cambodia, where Pol Pot’s Khmer Rouge revolutionaries committed genocide and crimes against humanity in an attempt to create a pure socialist regime (1975–1979). Due to geopolitics, it was only in 2006 that a UN-backed hybrid tribunal, the Extraordinary Chambers in the Courts of Cambodia (“Khmer Rouge Tribunal”), commenced operation, one of a growing number of post-Cold War transitional justice interventions. The Justice Facade argues that there is a point to such tribunals, but it is masked by a set of utopian human rights and democratization ideals. Instead of projecting this transitional justice imaginary onto post-conflict peacebuilding efforts, we need to step behind the justice facade to examine what tribunals mean in terms of everyday life and practices—such as the Buddhist beliefs and ritual interactions with the spirits of the dead that are critical to Cambodian victims and survivors. In making this argument, The Justice Facade focuses on civil society outreach efforts to “translate” the court in terms meaningful to Cambodians, the majority of whom are rural villagers, as well as the experience of Cambodian civil parties who testified. This ground-breaking study of transitional justice and demonstration of the importance of examining “justice in translation” is of critical importance not just to those working in the field of transitional justice and law, but in related fields such as development, human rights, anthropology, and peacebuilding.
T. Markus Funk
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199941469
- eISBN:
- 9780190236700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199941469.003.0010
- Subject:
- Law, Criminal Law and Criminology, Public International Law
Whatever one may say about the impact of international justice and international trials when it comes to deterring future perpetrators of atrocity crimes, one of the clear benefits of such ...
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Whatever one may say about the impact of international justice and international trials when it comes to deterring future perpetrators of atrocity crimes, one of the clear benefits of such proceedings is the possibility of creating a (relatively) neutral, and reliable, historic record. Indeed, victims agree that making such a record available to future generations is a prime motivator of victim participation. Such a record makes it more difficult for those accused to create fictionalized, self-serving accounts of what occurred. A proper understanding of the historic events, and even public outrage over the conduct that often took place in the public’s name, can replace the twin dangers of complacency and resentment toward victims. Substitutes for trial such as truth commissions and state-sponsored panels may help address some concerns of victims, but they also permit the state to potentially whitewash events, and fail to affix blame, create accountability or punish perpetrators.Less
Whatever one may say about the impact of international justice and international trials when it comes to deterring future perpetrators of atrocity crimes, one of the clear benefits of such proceedings is the possibility of creating a (relatively) neutral, and reliable, historic record. Indeed, victims agree that making such a record available to future generations is a prime motivator of victim participation. Such a record makes it more difficult for those accused to create fictionalized, self-serving accounts of what occurred. A proper understanding of the historic events, and even public outrage over the conduct that often took place in the public’s name, can replace the twin dangers of complacency and resentment toward victims. Substitutes for trial such as truth commissions and state-sponsored panels may help address some concerns of victims, but they also permit the state to potentially whitewash events, and fail to affix blame, create accountability or punish perpetrators.
Alexander Laban Hinton
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198820949
- eISBN:
- 9780191860607
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198820949.003.0012
- Subject:
- Law, Public International Law, Criminal Law and Criminology
In Chapter 8, “Normativity,” I follow this line of discussion but focus on the understandings of less educated Cambodian civil parties, including rural villagers. The chapter focuses, in particular, ...
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In Chapter 8, “Normativity,” I follow this line of discussion but focus on the understandings of less educated Cambodian civil parties, including rural villagers. The chapter focuses, in particular, on everyday understandings of “return,” which inform transactions with beings ranging from patrons to family members and the spirits of the dead. For many Cambodians, the court provided an opportunity to fulfill their obligations to significant others. Not doing so might lead to a rupturing and disordering of their social world, including angering the dead who might afflict a relative in response. The chapter also explores civil parties’ views of Duch as relations with the defense became increasingly tense.Less
In Chapter 8, “Normativity,” I follow this line of discussion but focus on the understandings of less educated Cambodian civil parties, including rural villagers. The chapter focuses, in particular, on everyday understandings of “return,” which inform transactions with beings ranging from patrons to family members and the spirits of the dead. For many Cambodians, the court provided an opportunity to fulfill their obligations to significant others. Not doing so might lead to a rupturing and disordering of their social world, including angering the dead who might afflict a relative in response. The chapter also explores civil parties’ views of Duch as relations with the defense became increasingly tense.