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Victimology and Victim Rights: International Comparative Perspectives

Victimology and Victim Rights: International Comparative Perspectives

Author: Tyrone Kirchengast
Publisher: Routledge
ISBN: 9781472461834
Published In: October 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.

List of Abbreviations

List of International Instruments

List of Statutes

List of Cases

List of Tables

Preface

Part I - Victimology and Victim Rights in Comparative Context

Chapter One: Victim Issues in International Law and Context

Introduction

A Multi-Jurisdictional Approach

Law and Policy/Law or Policy

Victimology and Victim Rights

The Rise of Victimology and the Development of Human Rights

Positivist Victimology and the Present: The Victim’s Voice, Struggles with Local Suffering and the Positivist Agenda

Normative Stakeholders of Law and Justice

The Continental European Approach

Ratification on the Domestic Level: Law, Policy and the Victim

Reshaping the Roles of Justice Stakeholders

International, Regional and Domestic Reform: Law and Policy

Notes

Chapter Two: International Norms in Victimology and Victim Rights

Introduction

International Norms of Victim Rights

Fair, Courteous and Respectful Treatment

Information and to be Kept Informed

Relevant Support Services

Protection from the Accused and Others

Participatory, Procedural and Substantive Rights

Fair Trial Rights

Access to Compensation, Restitution and Reparations

Restorative Intervention and Therapeutic Justice

Domestic Ratification

Without Prejudice to the Offender

Normative Victim Rights in Context: Positive State Obligations and Fair Trial Rights in International Law and Policy

Realising the Centrality of the Victim: Positive Obligations to Protect Victim Rights

Fair Trial Rights in Context: Equality of Arms in International Law

Notes

Chapter Three: Comparative Issues and Perspectives

Introduction

Inculcating International Standards in Law and Policy

Ratification of International Declarations and Instruments

Policy Transfer of International Standards

Dismantling Adversarial/Inquisitorial Boundaries

Hybrid Systems: Criminal Law, Criminal Justice and Mixed Systems of Administration

Law Reform Processes

Commissions of Inquiry

Emerging International Reforms in Law and Policy

Trial Participation and the Right to be Consulted

Counsel for Victims of Crime

Substantive and Enforceable Rights for Victims of Crime

Restorative Justice

Therapeutic Justice

A Focus on Reparations

Compensation and Restitution

Notes

Part II - The Victim in Internationalised Systems of Criminal Justice

Chapter Four: Victims in International Law and Policy

Introduction

Supra-National Bodies

United Nations Declarations

Treaty Monitoring Bodies

International Courts and Tribunals

Ad hoc Tribunals: The Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda

The International Criminal Court

Domestic Courts Under International Law

Extraordinary Chambers of the Courts of Cambodia

Special Panels of East Timor (Timor Leste)

Internationalised Panels in Kosovo

Notes

Chapter Five: Victims in Regional Law and Policy

Introduction

Council of Europe, the European Commission and the European Union

The European Court of Justice

The European Court of Human Rights

The European Union and Victim Rights in Focus