Reparation For Victims Research Articles

הסטוריה בלתי אפשרית? וועדות השואה כמספרות של טראומה.

Historical commissions have played an important role in the most recent efforts to garner restitution and reparations for Holocaust victims and their families. Several dozen Holocaust commissions were convened in the late‑1990s and early‑2000s in European countries where histories of collaboration and complicity with the Nazi regime were either under‑documented or suppressed in the official discourse. This essay examines the Holocaust commissions from a historiographical perspective with special attention given to the methodological and rhetorical strategies they employed when confronted by the traumatic experiences and memories of victims and survivors. While the work of these commissions was shaped and influenced, to varying degrees, by external political forces and interest groups, this essay explores the ways in which “the politics of history” entered into their written reports and, consequently, obscured and silenced fundamental aspects of Holocaust history. Three commissions, in particular, are held up for scrutiny (i.e., Austria’s Jabloner Commission, the International Commission for Holocaust‑Era Insurance Claims, and France’s Mattéoli Commission), and an assessment of their work is given against the backdrop of ongoing debates within the field of trauma studies and in response to questions concerning the Holocaust and the “limits of representation.”

Between Reparations and Repair: Assessing the Work of the ICC Trust Fund for Victims Under Its Assistance Mandate

The practice of international justice has made a significant shift from narrowly focused criminal accountability to a broader and more holistic understanding of the totality of victims’ justice needs. In particular, international criminal justice is concerned with victims of mass atrocity crimes, whose needs are profound and whose capacities are limited by the experiences of gross and systematic violence. These needs include individual and communal capacity building to engage in criminal processes as well as remedy and repair in the aftermath of criminal procedures. The Trust Fund for Victims represents, in many ways, the epicenter of this shift in international law practice, as a unique institution that has a central role in providing both an assistance and reparations mandate under the International Criminal Court (Rome) Statute. This article addresses how well that task has been operationalized in practice by the Trust Fund. In parallel, the assessment has a wider purview by allowing a broad engagement with the challenges, complexities and realties on the ground that shape the enforcement of reparations for victims, as well as molding institutional responses by intervenors including the Trust Fund. Given the challenges of successfully implementing reparations there is often little time or capacity to measure (as one goes along) what has worked effectively and what has not. International organizations, states, courts and civil society have made consistent calls for evidence of success, failure and/or the value of reparations. At the simplest level, because most human rights and humanitarian law treaties provide for the right to a remedy, assessing if remedies work in practice is critical to understanding if state obligation has, in fact, delivered. This article provides concrete, contextual and novel assessment of the delivery of reparations for systematic human rights violations, offering timely and relevant analysis for the international criminal court in particular and scholars/practitioners concerned with the conceptualisation and delivery of reparations in practice. The analysis and data presented is based on unique access to the Trust Fund's operations with on the ground assessment of the programming for assistance and reparations in Northern Uganda. The data underpinning the research findings is singular and makes a new contribution to the literature and practice of international criminal justice.

Reparation for Victims of Armed Conflict: Impulses from the Max Planck Trialogues

The international law on reparation for victims of armed conflict is complex. Numerous subfields of international law are involved, among them international human rights law, international criminal law, international humanitarian law, and the law on State responsibility. In addition to this complexity, reparation-related questions are often highly politically charged. They are focal points of contestation about moral values, different conceptions of justice, and approaches to international law, including the status of the individual human being in this order. Against this backdrop, the collection of short essays explores whether and under which circumstances individuals have a right to reparation under international law. The introduction unpacks the legal dimensions and identifies the currently most controversial issues. One set of essays then analyses, from different angles, whether a right to reparation for individuals exists as a matter of law. Another set recounts experiences with the implementation of reparation mechanisms and discusses the challenges. A third group of essays addresses the role of domestic courts. The essays (‘impulses’) are one outcome of the Max Planck Trialogue workshop on reparation for victims of armed conflict, held in November 2017 in Berlin.

Las medidas de reparación integral establecidas en el “Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera”

The outcome of the peace dialogue that started in 2012, between the Colombian government and the guerrilla of FARC, was the “Final agreement for the termination of the conflict and the construction of a stable and lasting peace”; this text was submitted to a plebiscite on October 2nd 2016, having the Colombian people not approving the Agreement as a consequence, particularly with a 50,21% voting. Because of this, the government has requested for the Agreement to be passed by Congress by means of a special proceeding, nevertheless there still is no final decision. This article presents the general content of the peace treaty entered into by the guerilla of FARC and the Colombian government, in particular regarding the integral reparation of victims, their governing principles, their general guidelines and the repairing measures. The “Agreement for the termination of the conflict and the construction of a stable and lasting peace” makes reference in various occasions to the notion of integral repair, establishing it as a guideline for the repair of victims. It should be highlighted that the referenced text makes a very general reference to the individual repairing measures to the point of just mentioning them, not explaining their content and, on the contrary, giving an important role to the collective repairing measures, developing them broadly.

When the State Fails: The Role of the Khulumani Support Group in Obtaining Reparations for Victims of Apartheid

‘Politics begins when one decides not to represent victims … but to be faithful to those events during which victims politically assert themselves.’Alain Badiou (1985). Peut on penser la politique? It is argued that one should not look at the state as the sole actor capable of delivering justice in transitional and post-transitional contexts. Victim organisations can be equally well equipped as and, in certain contexts, better equipped than the state to represent the interests of victims and to assist in formulating reparation policies.

FRANCESCA CAPONE, Reparations for Child Victims of Armed Conflict: State of the Field and Current Challenges, Cambridge, Intersentia, 2017, pp. vii-275.

FRANCESCA CAPONE, Reparations for Child Victims of Armed Conflict: State of the Field and Current Challenges, Cambridge, Intersentia, 2017, pp. vii-275.

Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

Narrating the History: The Reinterpretation of Symbolic Reparation for the Reconciliation and Redemption of Child Victims of Conflict

:In Colombia there is a large sector of the population that has been the object of violation and ignorance of their human rights. They, like all victims of this type of violation, need to be repaired in a comprehensive manner. The concept of symbolic reparation that includes this integral reparation aims to reclaim the human being, to reconstruct it from the wounds and traces left by the violation of human rights in his memory. In a more sympathetic sense than is usually attributed to it, it seeks to bring the practice and experience of individuals to a level of abstraction that allows them to conceptualize a specific fact and articulate it with other concepts, so that the individual acquires adequate resilience. In this sense, the exercise and the experience of this reconstruction through the narratives, can provide certain conditions that make possible the process of symbolic reparation, which is exactly what it is tried to demonstrate with this investigation. This document is part of the research entitled "The narratives as a mechanism for the symbolic reparation of children victims of human rights violations", which seeks to understand the factors that make it possible to implement narratives as a mechanisms for symbolic reparation of children who are victims of human rights violations, as opposed to the symbolic reparations that have been erroneously ordered by the Inter-American Court of Human Rights and the Colombian Supreme Court and Constitutional Court.

Transitional justice as social control: political transitions, human rights norms and the reclassification of the past.

This article offers an interpretation of transitional justice policies - the efforts of post-conflict and post-dictatorship societies to address the legacy of past abuses - as a form of social control. While transitional justice is commonly conceptualized as responding to a core problem of impunity, this article argues that such formulation is too narrow and leads to lack of coherence in the analysis of the diverse array of transitional mechanisms, which include among others trials, truth commissions, reparations for victims and apologies. Building on the work of Stanley Cohen, the article contends that the core transitional problem is the denial of human rights violations, and consequently that the common purpose of all transitional justice mechanisms is to reclassify the past: redefining as deviant some acts and individuals which prior to the transition were considered 'normal'. The article identifies and analyses three themes in the application of a social control framework to transitional justice: (1) truth, memory and retroactive social control, pertains to the way truth-seeking transitional justice mechanisms reclassify past events by engaging in social control of and through memory; (2) censure, celebration and transitional social control refers to the reclassification of categories of individuals through expressions of both social disapproval and praise; and (3) civil society and social control from below concerns the role of social movements, organizations and groups as informal agents of social control during transitions. The concluding section recaps and briefly explores the concept of 'good moral panic' in the context of political transitions. While the concept of social control tends to have negative connotations for critical sociologists, this work suggests that efforts to categorize, punish and disapprove certain behaviours as deviant may not only be viewed as supporting a conservative status-quo, but also as promoting fledging human rights norms.

The unrealised potential for transformative reparations for sexual and gender-based violence in Sierra Leone

ABSTRACTThe conflict in Sierra Leone was known for the scope and severity of atrocities targeted at civilians, including sexual and gender-based violence (SGBV) mainly perpetrated against women and girls. Post-conflict initiatives included the establishment of a hybrid criminal tribunal, the Special Court for Sierra Leone (SCSL), and a truth and reconciliation commission (TRC). However, neither possessed a mandate for reparations to victims, yet both have made some contribution to tranformation. The judgments and processes of the SCSL have provided a measure of recognition to victims of SGBV. The TRC was required to to pay special attention to the experiences of women and girls in respect of sexual violence and structural inequality. It also interpreted its mandate broadly, in particular to making general recommendations as to the position of women and girls, as well as more specific recommendations as to reparations projects. These recommendations addressed three aspects of gender justice based on Fraser (recognition, representation and redistribution) and offered considerable scope for transformative reparations for victims of SGBV, including through structural, legal and social changes intended to guarantee the non-repetition of sexual violence. However, this article argues that although several of the TRC’s recommendations had transformative potential, much of this potential has not been realised due to the failure of the government to implement those recommendations.

The gender injustice cascade: ‘transformative’ reparations for victims of sexual and gender-based crimes in the Lubanga case at the International Criminal Court

ABSTRACTIn March 2012, Thomas Lubanga Dyilo from the Democratic Republic of the Congo was the first person to be tried and convicted by the International Criminal Court (ICC). The charges for which Lubanga was found guilty – the conscription, enlistment and use of child soldiers – belied a range of other crimes that were documented as part of the conflict in which Lubanga and his militia were involved, including acts of sexual and gender-based violence. The decision of the ICC’s Office of the Prosecutor not to fully investigate, or include charges for, these latter crimes in the Lubanga case set in train what can be described as a ‘gender injustice cascade’ throughout the trial and reparations process. The ultimate effect of the cascade has been to limit victims of the sexual and gender-based crimes in this conflict from gaining direct access to any reparations measures, let alone the ‘transformative’ ones some advocates were searching for. This case highlights some key limitations of Court-ordered reparations for securing gender justice, let alone transformation, under the ICC’s framework.

Уголовная ответственность за ТСЖ-мошенничество в Соединенных Штатах Америки

Relatively new type of business activity on apartment house management, which carry out the managing organizations, is on the hard way of development in present time. Numerous violations and crimes in this sphere are becoming more intellectual in nature. In some foreign countries the Association of homeowners (condominiums) is an analogue of our homeowners associations and the Institute of management of apartment houses has a long history. The author carried out the analysis of the main types of fraud in the apartment house management in the United States of America. Such acts include embezzlement (theft) of funds, violation of business law, falsification of the elections to the Board of the Association of owners of property, kickbacks in contracting, fictitious contracts. The main attention was focused on the specifics of the criminal-legal regulation of liability for fraudulent acts in the management of condominiums on the example of the criminal law of the State of California and certain judicial decisions.
 In particular, the influence of Anglo-Saxon legal system has found the expression in the fact that the criteria for recognition of the person guilty of embezzlement (embezzlement) of funds of owners of property determined by case law, not criminal law.
 The author has studied the positive experience of the counteraction of irregularities in the activities of the apartment house management by establishing the criminal prohibitions of the concealment or distortion of information on the financial status of the managing organization or condominium.
 Study of the foreign experience of the classification of crime, counteraction of financial violations in the sphere of apartment building management and reparations for victims of financial crimes will be useful for the scientific understanding of the problem of combating crimes in the sphere of apartment house management in our country.

Presupuestos políticos y jurídicos para la reparación integral de las víctimas de desplazamiento forzado en Colombia a causa del conflicto armado

<p>En el presente artículo se abordarán aquellos presupuestos de orden político y jurídico para la reparación integral de las víctimas en Colombia, partiendo del contexto de justicia transnacional por el cual atraviesa nuestro país. Desde la década de 1960, el conflicto armado en Colombia se desarrolla involucrando a dos sujetos principales: por una parte, el Estado a través de sus gobernantes y fuerza pública, y, por otra parte, los grupos alzados en armas. Adicionalmente, en este panorama, se encuentran unos terceros ajenos a las ideologías que originan el conflicto armado y que quizás son los más afectados: la población civil.</p><p>Por lo tanto, es necesario que, para la protección a la población víctima de desplazamiento forzado, se creen mecanismos políticos y normativos que propendan por la protección de sus derechos, tal como lo establece la Constitución Política y las distintas disposiciones jurisprudenciales; por esta razón, el objetivo de la investigación se enfocó a establecer: cuáles son los presupuestos de orden político y jurídico para que las víctimas de desplazamiento forzado en Colombia, a causa del conflicto armado, logren una reparación integral.<br />Para ello, se analizó, en primer lugar, la naturaleza jurídica que pretende implementar una reparación integral de las víctimas de desplazamiento forzado. Una vez definida la concepción de la reparación integral, se analizaron las posturas que han sido adoptadas desde el manejo jurisprudencial, el punto de vista político y los principales aportes recibidos por organismos judiciales internacionales, con miras a buscar el goce efectivo de los derechos incluyendo la participación de la población víctima de las actuaciones violentas de los grupos armados al margen de la ley.<br />Es por este motivo que el papel del Estado en la reparación de las víctimas, se encamina a aumentar los esfuerzos propensos a la recomposición del tejido social, adoptando medidas efectivas para el resarcimiento del daño causado por un periodo prolongado de violencia, pretendiendo lograr un amparo integral con acceso a la justicia y conocimiento de la verdad sobre los hechos ocurridos. Así mismo, deberá ofrecer herramientas para que las víctimas desarrollen un nuevo modelo de vida, recuperen su dignidad, superen los traumas de la violencia sistemática y generalizada, con el fin de llegar a una reconciliación nacional.<br /><br /><br /><br /></p>

Reparations for victims at the International Criminal Court: a new way forward?

ABSTRACTReparations at the International Criminal Court (ICC) raise victims’ expectations that they would have an avenue of redress in the face of domestic impunity. This article examines the purpose of reparations at the ICC, which notably move away from the international-law state-centric modes of liability for reparations to more private-law individual liability and even developmental or subsidiary responsibility when provided by the Trust Fund for Victims. At the crux of the debate on reparations at the ICC rests the challenge of delivering justice to victims of international crimes against the limited capacity and jurisdiction of the Court. To overcome these limitations and to better realise expectations of reparations at the ICC, this article explores the promise of transformative reparations in trying to widen the benefits of reparations beyond those victims who suffer crimes by a convicted person, as well as tackling the causes of such crimes. Likewise this article will posit the role of complementarity and state responsibility in filling the gap between expectations and possibilities of reparations. In concluding it will also examine future prospects and challenges of a separate reparations chamber.

The Strategic Role of Lembaga Adat Negeri in the Fulfilment of Victims’ Rights to Reparation in Post-Conflict Ambon

This article demonstrates the strategic position of Lembaga Adat Negeri in the fulfilment of the long-neglected right to reparation of victims in post-conflict Ambon. Lembaga Adat Negeri were chosen as the object of analysis due to their close cultural affiliation with the Ambonese society. Due to the important role that Lembaga Adat Negeri play in local Ambonese governance, it is argued that they can assist in absorbing local aspirations and aid the reparation process. The recent enactment of Law No. 6 of 2014 concerning Desa provides Lembaga Adat Negeri with ever greater momentum to spearhead reconciliation based on Ambonese traditional values and contribute to the peaceful transition of the divided people, in particular by way of fulfilling the right to reparation of victims.

Politik Hukum Pembentukan Komisi Kebenaran dan Rekonsiliasi Aceh

The signing of Memorandum of Understanding in Helsinki between the Free Aceh Movement (GAM) and the Republic of Indonesia (RI) is a sign of peace for the conflict in Aceh. Among the points of agreement is the establishment of the Truth and Reconciliation Commission (KKR) in Aceh. This study aims to investigate and explain the basis for KKR establishment as well as the concept of Aceh KKR. To answer this, the author uses a juridical-normative approach with the library research method. We find that the formation of KKR in Aceh is based on Article 229 of Law No. 11 of 2006 concerning Aceh Government. However, based on the a quo Law, Aceh KKR is referred to as part of National KKR, while National KKR has yet to be established until today. In addition, the institutional concept of Aceh KKR is independent and non-structural with the aim of strengthening peace, helping to achieve reconciliation between perpetrators of human rights violations and victims, and recommending comprehensive reparation for victims of human rights violations. Aceh KKR is based on Islam, Acehnese, independence, impartiality, non-discrimination, democratization, justice and equality, as well as legal certainty . Keywords: Commission; truth; reconciliation; Aceh; human rights

The ICCPR in Armed Conflict: An Appraisal of the Human Rights Committee’s Engagement with International Humanitarian Law

ABSTRACTThe present article examines the Human Rights Committee’s pronouncements on the relationship between the International Covenant on Civil and Political Rights (ICCPR) and international humanitarian law (IHL), taking into account the developments in the jurisprudence of other human rights bodies. The analysis aims to clarify the theoretical underpinnings of the relationship between the ICCPR and IHL, paying special attention to the complementarity perspective and the interpretive principle of systemic integration. The article critically examines the Human Rights Committee’s understanding of how the Covenant applies in armed conflict, specifically in relation to the protection of the rights to life and liberty and the regulation of the use of force and security detention; it considers both the shortcomings and the innovative aspects of the Committee’s interpretations. The analysis concludes by exploring the normative and practical implications deriving from the concurrent application of IHL and the Covenant, particularly with regard to the Committee’s ability to review state action in armed conflict, the duty to investigate violations, and the right to a remedy and reparation for victims.

Perspectivas para la intervención profesional en lo social desde los retos del proceso de paz colombiano

Ante el panorama actual de implementación de los acuerdos de paz de la Habana, la sociedad colombiana atraviesa un momento histórico de esperanza e incertidumbre, en el cual es prioritario re-pensarnos la intervención en lo social. El presente artículo tiene como objetivo presentar un conjunto de perspectivas y desafíos para la intervención desde la socio-terapia con enfoque de acción sin daño, producto de un ejercicio de investigación cualitativa, con enfoque hermenéutico, bajo la modalidad de investigación documental y análisis de contenido, que plantea la reflexión del ejercicio profesional en la reparación integral de víctimas en el Distrito Capital. Como propuestas de hallazgos se plantea la importancia de re-significar los impactos del conflicto armado desde intervenciones profesionales ético-políticas, en las que se aborde el manejo de las emociones, lo que permitirá contribuir a garantizar los derechos de todos los ciudadanos, movilizando sus recursos y capacidades, desde la perspectiva de construcción democrática de la paz. Se identifica la importancia de pensar el lugar del autocuidado y la reflexividad del profesional en los procesos de intervención con víctimas, debido a los riesgos emocionales que genera este escenario social.

Rome’s Legacy: Negotiating the Reparations Mandate of the International Criminal Court

This article examines the negotiations that led to the incorporation of reparations provisions into the legal framework of the International Criminal Court (icc). Building upon a review of the travaux préparatoires and interviews, it traces the actors and main debates during the lead-up to the Rome Conference and the drafting of the Rules of Procedure and Evidence, explaining how and why reparations were included into the Rome Statute. In doing so, the article shows how the reparations mandate was produced at the intersection of a set of different agendas and actors. From this account, it identifies a number of key themes that were at the centre of the negotiations and often galvanised contestations among delegations or with ngos. The article concludes with a fresh perspective on the origin of victim reparations in the Rome Statute and its relevance for understanding many of today’s debates around reparations in international criminal justice.

Caracterización de las víctimas policiales en el contexto del conflicto armado en Colombia

One key element for the total reparation of victims in a context of structural violence such as war is the characterization of the a%ected human groups through reliable data. In addition, such a process of characterization quali (es, in an objective and technical way, the rights of the victims to know the truth regarding the causes, patterns and practices by which they resulted afected.) is process turns out to be crucial in the pretention for justice as means to (ght impunity and guarantee non-repetition of the acts. From the perspective of the State, the characterization of the victims is the base upon which any public policy with pretention of being inclusive and integral should be formulated. Bearing this in mind, the article presents the most relevant (ndings of a systemic and interdisciplinary research, with a socio-legal emphasis, regarding the process of characterization of the victims of the National Police of Colombia.) us, it reveals the necessity to raise awareness among institutions and society of the tragedies sufered by thousands of police ofcers during the last (ve decades in Colombia.