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Academic literature on the topic 'Reparation (Criminal justice) Victoria'

Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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Journal articles on the topic "Reparation (Criminal justice) Victoria"

1

Walther, Susanne. "Reparation and Criminal Justice: Can they be Integrated?" Israel Law Review 30, no. 3-4 (1996): 316–30. http://dx.doi.org/10.1017/s0021223700015120.

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The role of the victim within the public criminal justice process has traditionally been one of supporting public prosecution. Without the victim's cooperation, police and prosecutors would neither be informed about the occurrence of crimes, nor be able to bring sufficient evidence to secure convictions or extra-judicial settlements. In Germany, for instance, about 90% of all prosecutions are initiated by private complaint.Compared to what the victim gives the state, the state traditionally gives little to the victim. While the victim's procedural position has been strengthened in Germany in recent decades, namely by the expansion of the right to join the prosecution as a collateral complainant, procedural participation alone has not been sufficient to satisfy the victim's need to be made whole. Victimological research indicates that the victim has a profound interest in compensation of damages. However, since according to our traditional understanding, the victim's claims and the State's claims against the offender are inherently different in nature, they ought to be governed by different types of principles and proceedings. Doctrinally, the criminal courts settle the State's conflict with the offender, while the victim's conflict with the offender is a matter for the civil law and the civil courts. Therefore, the legal consequences of crime, it is believed, reflect primarily the needs of the general public and not the “private” interests of the victim (whether defined as to receive: compensation; reparation; satisfaction; vindication).

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Cavadino, Michael, and James Dignan. "Reparation, Retribution and Rights." International Review of Victimology 4, no. 4 (January 1997): 233–53. http://dx.doi.org/10.1177/026975809700400401.

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This article explores the relationship between the idea that offenders should make reparation to their victims and the principle of ‘just deserts’ or strict proportionality between seriousness of offence and severity of punishment. Some have queried whether these notions are compatible with each other, suggesting that there is relatively little scope for reparative measures in a criminal justice system soundly based on the principle of just deserts. We defend the reparative principle, arguing that reparation should play a significant rôle in a criminal justice system based on the human rights of victims as well as offenders. Such a rights-based approach also has an important place for the retributive notion of just deserts, but strict proportionality is rejected in favour of an approach whereby the offender's just deserts set upper and lower limits on the sanctions which may be imposed on the offender. Within these limits there should be scope for both victims and offenders to have a say in the nature, form and amount of reparation which is appropriate.

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Mégret, Frédéric. "The International Criminal Court Statute and the Failure to Mention Symbolic Reparation." International Review of Victimology 16, no. 2 (September 2009): 127–47. http://dx.doi.org/10.1177/026975800901600202.

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The International Criminal Court (ICC)'s reparations regime seems very geared towards material reparation such as restitution, compensation and rehabilitation. However, a growing number of international instruments, particularly in the human rights field, anticipate that more symbolic forms of reparation such as satisfaction and non-repetition are mandatory. The article explores what reasons may have led the ICC drafters to not at least mention symbolic reparation and finds that, apart from a possible trend towards commodification of reparation in general, the perception was probably that only states can grant symbolic reparation, and that ordering individuals to do so might raise human rights problems. None of these arguments are conclusive. Individuals can provide symbolic reparation, and this could be encouraged rather than ordered to avoid the human rights issue. More importantly, the role of the ICC and the Victims Trust Fund will be to use money as reparation, and nothing will prevent them from using awards so made for symbolic purposes. In fact, strong principle and policy arguments militate in favor of granting a larger role to symbolic reparation in the ICC context, thus helping to make the Court into more of an institution of transitional justice.

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Rombouts, Heidy, and Stephan Parmentier. "The International Criminal Court and its Trust Fund are Coming of Age: Towards a Process Approach for the Reparation of Victims." International Review of Victimology 16, no. 2 (September 2009): 149–82. http://dx.doi.org/10.1177/026975800901600203.

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The last decade has witnessed a rapid development in the field of reparation for victims of serious human rights violations, both at the national and the international level. Both in (post-)conflict situations and in situations of large-scale human rights abuses it has become a major question of transitional justice how to repair the harm inflicted on victims through acts of genocide, crimes against humanity, war crimes, and other forms of injustice. As institutions of international criminal justice, the International Criminal Court and the Trust Fund for Victims are also confronted with this question and the many issues involved. They have to address three crucial questions in particular: (a) who are the beneficiaries for reparation; (b) who are the duty-bearers of reparation; and (c) what forms of reparation can be awarded? We argue that the answers to these questions raise very important issues that go beyond a purely legal approach and that require an input from other scientific disciplines and also from other sectors of society, including victims and their organizations. We argue in particular in favour of a concept of reparation that seeks to attain a new balance and that will allow victims to cope with the past and the future alike, and therefore propose a process-oriented approach to reparation based on the work of Barkan and Habermas.

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Ismaili, Karim. "Book Review: Making Amends: Mediation and Reparation in Criminal Justice." Criminal Justice Review 19, no. 1 (May 1994): 135–36. http://dx.doi.org/10.1177/073401689401900123.

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Dignan, Jim. "Book Review: Making Amends: Mediation and Reparation in Criminal Justice." International Review of Victimology 2, no. 4 (September 1993): 351–54. http://dx.doi.org/10.1177/026975809300200406.

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DE BROUWER, ANNE-MARIE. "Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families." Leiden Journal of International Law 20, no. 1 (March 2007): 207–37. http://dx.doi.org/10.1017/s0922156506003979.

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In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.

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Perez-Leon-Acevedo, Juan-Pablo. "Victims at the Prospective International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights." International Criminal Law Review 17, no. 3 (June 14, 2017): 453–85. http://dx.doi.org/10.1163/15718123-01703005.

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The introduction of an International Criminal Law Section (icls) to the prospective African Union (au) African Court of Justice and Human and Peoples’ Rights (acjhr) has sparked academic debate. However, discussion of victims’ status at the acjhr-icls has been neglected. Victims’ status as participants and reparation claimants, as provided for in the acjhr Statute, is critically analysed. There are important gaps and limitations, especially concerning the victim participant status, and implementation challenges, particularly regarding the reparation claimant status. Recommendations to address normative problems and face future challenges are provided. The amended acjhr-icls Statute is comparatively tested against inter alia the legal framework and practice of the International Criminal Court (icc). The icc Statute is relevant because the acjhr Statute provisions on victims largely borrow from it. Additionally, despite some deficits, the icc Statute and practice arguably constitute guiding standards to tackle complex victim-related issues at international/hybrid criminal tribunals (ihcts).

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Warner, Kate, and Jenny Gawlik. "Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice." Australian & New Zealand Journal of Criminology 36, no. 1 (April 2003): 60–76. http://dx.doi.org/10.1375/acri.36.1.60.

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Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

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Parmentier, Stephan, Marta Valiñas, and Elmar Weitekamp. "Restoring justice in Serbia: Reconciliation and restorative justice in a post-war context." Temida 13, no. 1 (2010): 23–41. http://dx.doi.org/10.2298/tem1001023p.

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The debate on how to deal with the past in Serbia is an ongoing one. Both the International Criminal Tribunal for ex-Yugoslavia and national criminal justice mechanisms have played an important role in prosecuting offenders. Other transitional justice approaches continue to be discussed. All in all, the Yugoslav and the Serbian cases are similar to other debates about 'dealing with the past' or 'transitional justice', as they are taking place between elites, political, economic, and within civil society, both in the country concerned and at the international level. Likewise the views and expectations of the local populations in any given country are very rarely taken into account. In this paper findings of a population-based research carried out by our research team in Serbia in 2007 are presented. The research was done by means of a quantitative survey across the country on several issues of post-conflict justice, including truth seeking, accountability, reparation for victims and reconciliation.

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Dissertations / Theses on the topic "Reparation (Criminal justice) Victoria"

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Wright, Martin. "Restorative justice and victim/offender mediation." Thesis, London School of Economics and Political Science (University of London), 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287788.

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Christie, Adrienne (Adrienne Elizabeth) Carleton University Dissertation Law. "Restorative injustice? The boundaries of restorative justice at the intersections of gender, race and class, a Canadian focus." Ottawa, 2000.

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McCarthy, Conor. "Reparations and victim support under the Rome Statute of the International Criminal Court." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609112.

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Ndzengu, Nkululeko Christopher. "A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.

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In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction based following the United States of America one.2 Chapter 5 provisions of the Prevention of Organised Crime Act3 (hereafter POCA) provides for court, Basdeo M – Search, Seizure and Asset Forfeiture in the South African Criminal Justice System: Drawing a Balance between Public Utility and Constitutional Rights (2013) LLD, University of South Africa in Chapter 5 where a comprehensive comparative study of SA POCA and United States of America’s asset forfeiture and origin is undertaken. 3 Act 121 of applications for a restraint, confiscation and realisation for the recovery of proceeds of unlawful activities. The restraint is invoked when a suspect is to be charged or has been charged or prosecuted, there are reasonable grounds to believe that a conviction may follow and that a confiscation order may be made. Chapter 6 provisions of POCA provide for court applications for preservation and forfeiture order targeting both the proceeds of unlawful activities and removal from public circulation of instruments or assets used in the commission of offences where the guilt of the wrongdoer is not relevant. POCA has a Schedule with 34 items setting out examples of offences in relation to which civil forfeiture may be invoked. When the State discharges this noble professed task in the name of public safety, security and crime combating, legal challenges arise. This is more so within a constitutional democratic context where both individual and property rights are enshrined and protected. This study deals with some of these challenges. To the mind of a legal researcher, the law of asset forfeiture is, in this process, moulded and developed. South Africa (a developing country), Canada and New Zealand (developed countries in the north and southern hemispheres) have constitutional democracies. They also have asset forfeiture regimes, which attracted the attention of the researcher. The question is: can the developing country learn some best practices from the developed countries in this particular field? It would be interesting to establish this and the level of development of this field in the three countries under study. South Africa, with no federal government, has nine Provinces, single asset forfeiture legislation5 (combining both criminal forfeiture i.e. restraint, confiscation and realisation applications and civil forfeiture i.e. preservation and forfeiture applications), and a criminal statute6 applicable to all such Provinces. It also has, like Canada and New Zealand, pockets of asset forfeiture provisions embedded in various statutes. There is only one asset forfeiture office under the umbrella of the National Prosecuting Authority.7 It has branches8 in the Provinces, invoking the provisions of POCA, since 1999. It is not part of the police department. The researcher joined the South African Port Elizabeth branch in March 2003, Bloemfontein, Kimberly and Mmabatho branches from 2010 to 2011, July 2012 onwards in the Port Elizabeth and has practical experience in this regard. The Prevention of Organised Crime Act 121 of 1998. The Namibian POCA 29 of 2004 is almost a replica of the South African POCA except that the former makes express recognition of the victims of the underlying victims. The Criminal Procedure Act, 51 of 1977 (as amended). The Asset Forfeiture Unit (AFU) with its Head Office situated in Pretoria under the umbrella of the National Prosecution Authority, which Raylene Keightley in Young S Civil Forfeiture of Criminal Property Legal Measures for Targeting the Proceeds of Crime (2009) Cheltenham Edward Elgar Publishing, Inc.: Northampton, MA at 94 calls a specialist implementation agency. In Pretoria, Johannesburg, Cape Town, Port Elizabeth, East London, Durban, Bloemfontein, Kimberley, Mmabatho, Mpumalanga and Limpopo. It comprises of eleven Provinces to which the Criminal Code of Canada, the Controlled Drugs and Substances Act 1996 and a host of other statutes apply. Eight of the eleven Provinces have their own and distinct primary stand-alone asset forfeiture statutes introducing civil forfeiture10 as more fully explained in Chapter 2 of this study.

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N'dri, Maurice Kouadio. "Critical analysis of victims rights before international criminal justice." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7533_1183427953.

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History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.

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McGuinness, Paul. "Room for reparation? : an ethnographic study into the implementation of the Community Payback Order in a Scottish Criminal Justice Social Work Office." Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5561/.

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With the introduction of the Criminal Justice and Licensing Act (Scotland) 2010, the Community Payback Order became the default non-custodial criminal justice sentence in Scotland as of February 1st 2011. The order’s focus upon reparation as a means to reintegrate offenders back into the community represented a shift away from retributive practices towards a relationally beneficent approach. The terms of the order, however, remain ambiguous. Lingering suspicions as to how this philosophical switch in policy manifests itself in practice remain. By ethnographically studying the working practices of Criminal Justice Social Workers’, this study presents CPO’s articulation of reparation as practiced. In addition the role of the social worker is interrogated using a performative lens to understand how the tensions between reparation and retribution, care and control, the courts and their clients, are made coherent in their practices. As a result the barriers to enacting a reparationally oriented criminal justice response are articulated so that the Habermasian intersubjectivity that reparation requires can be more wholly understood in the context of criminal justice workplaces for future practice innovations.

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Adjolohoun, Horace Segnonna A. T. "The right to reparation’ as applied under the African Charter by Benin’s Constitutional Court." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5340.

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The purpose of the study is to determine the extent to which Benin’s Constitutional Court gives effect to the right to reparation under the African Charter and to examine relevant routes for the Court to discharge its duty fully and accurately. Ultimately, the study envisions suggesting Benin’s Constitutional Court a more genuine approach to the right to reparation with an emphasis on the content and scope of the right to reparation, competent remedial institutions and determination of the quantum in cases of monetary compensation.
Mini Dissertation (LLM)--University of Pretoria, 2007.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

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Kim, Moonkwi. "Essai sur la justice restaurative illustré par les exemples de la France et de la Corée du Sud." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD004/document.

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La justice restaurative est une alternative aux méthodes conventionnelles de voir l’infraction et d’y répondre. Elle est devenue presque partout dans le monde, un sujet essentiel dans la réforme de la justice pénale et a gagné du terrain dans le monde universitaire et dans les pratiques judiciaires. Ainsi, son essor et expansion au niveau international sont remarquables aujourd’hui. Grâce à sa flexibilité conceptuelle, son adaptabilité pratique et ses atouts réels, ce mode de justice mérite d’être pleinement développé au sein des systèmes pénaux français et sud-coréen. La première partie, consacrée aux fondamentaux de la justice restaurative, en témoigne sans pour autant occulter ses limites et risques. Pourtant, comme le démontre la deuxième partie, consacrée aux pratiques en France et en Corée du Sud, l’implantation et le développement de la justice restaurative dans ces deux pays sont freinés par plusieurs obstacles socioculturels et par plusieurs difficultés pratiques. La présente thèse a pour objectif de trouver des moyens de sortir de l’état actuel des deux pays en matière de justice restaurative, marqué par l’imperfection, la réticence et la réserve, de manière que les mesures restauratives existantes puissent retrouver leur essence restaurative et que la justice restaurative puisse s’implanter et se développer avec succès en France et en Corée du Sud
The restorative justice is an alternative to the conventional methods to see the crime and to respond it. It has become, almost everywhere in the world, a key issue in the reform of criminal justice and has gained ground in academia and in the judicial practices. Its international growth and expansion are noteworthy today. With its conceptual flexibility, its practical adaptability and its real assets, this mode of justice deserves to be fully developed within the French and South Korean penal systems. The first part of this thesis, devoted to the fundamentals of the restorative justice, demonstrates this without obscuring its limitations and risks. However, as shown in the second part, dedicated to the practices in France and South Korea, the integration and the development of the restorative justice in both countries are constrained by several socio-cultural obstacles and a number of practical difficulties. This thesis aims to move away from the current state of the two countries in the field of restorative justice, marked by imperfection, reticence and reserve, so that the existing restorative measures can regain their restorative essence and that the restorative justice can be applied and developed successfully in France and South Korea

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Von, Bonde Johannes Christian. "Redress for victims of crime in South Africa: a comparison with selected Commonwealth jurisdictions." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/640.

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In terms of the Constitution every person has the right to freedom and security of the person. This includes the right to be free from all forms of violence from either public or private sources. The state is charged with the duty to protect the individual from such harm. While the Constitution refers to the protection of victims of crime in broad and general terms without indicating how these rights should be protected, it makes meticulous and detailed provision for the rights of arrested, detained and accused persons. This leads to the popular belief that the Constitution protects the criminal and not the victim, engendering public dissatisfaction with the status quo, which is amplified by the fact that South Africa’s current legal dispensation for victims of crime does not embody the requirements of ubuntu and African customary law, which the Constitution declares to be binding on South African courts. This study analyses the means that exist in South African law for the victim of crime to obtain redress for criminal acts and proposes effective avenues through which victims can obtain redress, should the existing machinery prove to be inadequate. The term restitution is used to indicate recompense obtained from the perpetrator, while the term compensation refers to recompense obtained from the state. A comparative study is conducted to ascertain how the legal position of victims of crime in South Africa compares with that of victims of crime in Great Britain, India and New Zealand, respectively. South Africa does not have a state-funded victim compensation scheme such as those which exist in most developed countries. The respective proposals of the South African Law Commission for a victim compensation scheme and revised legislation to deal with offender/victim restitution are considered critically, inter alia, in the light of the findings of the comparative study. Proposals are made regarding changes to the South African legal system to bring it in line with international developments regarding restitution and compensation to victims of crime, attention being given to the meaning, significance and implementation of the doctrine of restorative justice when dealing with the aftermath of criminal injury. In addition to a complete revision of South African legislation dealing with offender/victim restitution, this study recommends the consolidation of the Road Accident Fund and the Compensation Fund operating in terms of the Compensation for Occupational Injuries and Diseases Act. These two bodies should be amalgamated to create a unified Compensation Scheme to compensate victims of crime, as well as victims of traffic and industrial injuries. General qualifying criteria for claimants would be drafted, with specific criteria applying in cases of traffic, industrial and crime related injuries, respectively.

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Bartlett, Tess. "The power of penal populism : public influences on penal and sentencing policy from 1999 to 2008 : a thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Master of Arts in Criminology /." ResearchArchive@Victoria e-Thesis, 2009. http://hdl.handle.net/10063/1086.

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Books on the topic "Reparation (Criminal justice) Victoria"

1

Albrecht, Randelzhofer, and Tomuschat Christian, eds. State responsibility and the individual: Reparation in instances of grave violations of human rights. The Hague: M. Nijhoff Publishers, 1999.

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Why restorative justice?: Repairing the harm caused by crime. London: Calouste Gulbenkian Foundation, 2000.

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Restorative justice realities: Empirical research in a European context. The Hague: Eleven International Pub., 2010.

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Making amends: Mediation and reparation in criminal justice. London: Routledge, 1992.

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Heetderks, Strong Karen, ed. Restoring justice. 2nd ed. Cincinnati, Ohio: Anderson Pub., 2002.

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Heetderks, Strong Karen, ed. Restoring justice. 3rd ed. Newark, NJ: Anderson Publ., 2006.

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Heetderks, Strong Karen, ed. Restoring justice. Cincinnati, OH: Anderson Pub., 1997.

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Silveira, José Tadeo Sain. Los acuerdos reparatorios: Política criminal y marco normativo. Caracas: Universidad Central de Venezuela, Facultad de Ciencias Jurídicas y Políticas, 2010.

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N, Allerton Peter, ed. Fines and restitutions in federal criminal cases. New York: Nova Science Publishers, 2008.

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Heetderks, Strong Karen, ed. Restoring justice: An introduction to restorative justice. 4th ed. New Providence, NJ: Lexis Nexis, 2010.

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Book chapters on the topic "Reparation (Criminal justice) Victoria"

1

Warner, Sue. "Reparation, Mediation and Scottish Criminal Justice." In Restorative Justice on Trial, 197–210. Dordrecht: Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-015-8064-9_12.

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Bernard, Antoine, and Karine Bonneau. "Punishment, Dissuasion, Reparation: The Scope of International Criminal Justice." In Making Peace, 165–84. New York: Palgrave Macmillan US, 2011. http://dx.doi.org/10.1057/9781137002129_10.

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Pamment, Nicholas. "Realizing the potential of community reparation for young offenders." In The Routledge Companion to Rehabilitative Work in Criminal Justice, 787–99. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315102832-70.

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Abel, Charles. "Reparation, Compensation, and Restitution." In International Handbook of Penology and Criminal Justice, 411–41. CRC Press, 2007. http://dx.doi.org/10.1201/9781420053883.ch12.

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"Reparation, Compensation, and Restitution: Our Best Explanations." In International Handbook of Penology and Criminal Justice, 439–70. Routledge, 2007. http://dx.doi.org/10.1201/9781420053883-15.

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"Dawn Rothe and Victoria Collins: The International Criminal Court: A Pipe Dream to End Impunity?" In The Realities of International Criminal Justice, 191–209. Brill | Nijhoff, 2013. http://dx.doi.org/10.1163/9789004251113_010.

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Lohne, Kjersti. "Victimological Imaginations." In Advocates of Humanity: Human Rights NGOs in International Criminal Justice, 155–85. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198818748.003.0006.

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The figure of the victim is the sine qua non of the fight against impunity for international crimes. Engaging the victimological imagination of international criminal justice, the chapter shows how victims are represented, and how justice for victims is imagined. The first part focuses on imaginations of ‘justice for victims’, and argues that the ICC represents a form of hybrid justice by incorporating ‘restorative’ and ‘transformative’ rationales for justice. Unlike ordinary courts, the ICC incorporates what can be thought of as both ‘punitive’ and ‘reparative’ arms. Part of the latter is the Rome Statute’s provisions for victims’ rights to participation and reparation. However, a closer look at the implementation of these processes reveal a conspicuous discrepancy between ideologies and realities. The second part of the chapter situates victims as a source of moral authority, and one that is claimed in representational practices by both human rights NGOs and international criminal justice generally. The chapter explores suffering as a type of ‘currency’, both on an individual level for victims’ advocates, as their source of ‘purpose’, and on a broader cultural level as the source of ‘global’ moral outcry. The chapter demonstrates how the victim is culturally represented through imaginations from the global North and becomes universalized as a symbol of humanity, of which the gendered and racialized victim of sexual and gender-based violence provides particularly powerful victim imagery. In this way, the image of the victim of international crimes is characterized by her essential ‘otherness’: it is humanity that suffers.

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Zisman, Valerij. "Making Guilt Productive." In Guilt, 123–42. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197557433.003.0007.

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What productive role can guilt play in criminal law? Some authors have argued that in the context of a broader penance theory, guilt can offer a plausible justification for criminal punishment. In this chapter, I will argue that such a justification fails. It does so, first, because it grants the state too much authority over the inner feelings of offenders, and second, because such a justification of criminal punishment solely based on the penance rationale allows for disproportionate punishment. Nonetheless, I will argue that guilt within a penance account can play a different, albeit more limited, role in criminal law, namely as a justification for addressing criminal wrongdoing via restorative justice. In restorative justice settings, the productive potential of guilt can be developed, as such settings promote the expression of feelings of guilt, reconciliation between the affected parties, and reparation for the victim.

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Ana Filipa, Vrdoljak. "Part II Substantive Aspects, Ch.8 Cultural Heritage, Transitional Justice, and Rule of Law." In The Oxford Handbook of International Cultural Heritage Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198859871.003.0008.

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This chapter examines the interrelationship between cultural heritage and efforts to secure and sustain peace. It gives an overview of the new international order the post–World War I and II peace settlements sought to create and the role of specialist culture bodies within intergovernmental frameworks in promoting the role of culture and cultural heritage in peace efforts. The role of culture rights and cultural heritage is considered within the transitional justice framework enunciated by the UN covering the rights to justice and accountability, truth, remedy and reparation, and guarantees of non-recurrence. Illustrations are drawn from the burgeoning jurisprudence of regional human rights courts and international criminal courts and State practice arising from the proliferation of peace processes since 1989. Finally, it considers the preventative role of cultural heritage and cultural rights in sustaining peace beyond the post-conflict context and UN/UNESCO efforts to promote a culture of sustainable peace.

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Ludovic, Hennebel, and Tigroudja Hélène. "Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.10: Right to Compensation." In The American Convention on Human Rights. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780190222345.003.0010.

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This chapter describes Article 10 of the American Convention on Human Rights (ACHR), which protects the right to “compensation” for persons convicted as a result of a miscarriage of justice. While Article 8 protects the right to a fair trial, the drafters of the Convention have chosen to devote a separate provision to the specific issue of compensation, following the recognition of the principle of criminal legality (Article 9). Although autonomous, the right to compensation for a miscarriage of justice is intimately related to other rights protected by the ACHR, notably Articles 8 and 25 (right to a judge; right to judicial guarantees) and Article 63-1 on reparation for violations of the rights of the ACHR. Article 10 is not included in the list of non-derogable rights under Article 27-2 of the ACHR. This implies that in time of war, public danger, or any other emergency threatening its independence or security, a State Party may take measures derogating from its obligations the provision.

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