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Victimology and Victim Rights: International Comparative Perspectives


ISBN13: 9781472461834
Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00



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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.

Subjects:
Human Rights and Civil Liberties
Contents:
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
Notes
Chapter Six: Victims in Domestic Law and Policy
Introduction
Inquisitorial Systems
Germany
France
Mixed Inquisitorial/Adversarial Systems
Sweden
The Netherlands
Austria
Adversarial Systems
England and Wales
Scotland
Ireland
United Sates of America
Australia
Canada
New Zealand
India
South Africa
Mixed and Hybrid Systems
Japan
Brazil
Notes
Part III – Victims in Law and Policy: Discord and Debate
Chapter Seven: Victim Rights in Law and Policy
Introduction
International and Regional Instruments and the Domestic Reform Process
Hard Law/Soft Law in Domestic Contexts
The Limits of Public Policy
Victim Rights and the Reluctance of Normative Stakeholders
Notes
Chapter Eight: Victim Rights in the Twenty-First Century: Intervention and Innovation
Introduction
The Promise of Victimology Realised?
References