Reparation For Victims Research Articles

Attitudes toward victim and victimization in the light of the just world theory

The present paper discusses current empirical status of the Just world theory introduced several decades ago by Melvin Lerner, the content and functions of a just world belief as its central construct, and particularly, the relation between a just world belief and victim blaming and victim derogation phenomena. In the light of existing research evidence, a just world belief and a need to re-establish a ?justice? when this belief is threatened, is considered to be an adaptive mechanism that protect a belief that a world is secure and the future is predictable, as well as a confidence in the purposefulness of selfdiscipline, long-term personal investments and social rules respecting. As proposed By the just world theory, when a person faces injustice, i.e. others? (innocent victims?) suffering, his/her belief in a just world is threatened. Possible reactions to that threat comprise various rational victim helping activities, but also specific cognitive defensive strategies, including cognitive distortion, rationalization and reinterpretation of an event in order to minimize injustice or deny injustice happened at all. In the course of reinterpretation of injustice, victims are often blamed for their former actions, or derogated for their character, in order to indicate them responsible for their own fate and suffering. The findings of research studies suggest that the likelihood of employing cognitive defensive strategies rises if formal responses to crime and victimization lack or fail. This further suggests that an efficient and effective formal social response in terms of both sanctioning of offenders and reparation of victims should be considered highly important in reducing the risk of stigmatization and rejection of victims. Finally, the paper discusses the role of victim?s just world beliefs in post-trauma adaptation and coping processes. In virtue of findings from the existing research literature it may be concluded that victim?s belief in a just world is not necessarily obstructive for the adaptation and coping process. Moreover, in the research literature prevail findings telling in support of an assertion that strong just world belief serves significantly as a self-protective function.

Protection of Prisoner’s Human Rights in Prisons through the Guidelines of Rule of Law

Punishing the criminals is one of the criminal justice mechanisms to compensation and reparation for victims and society. In this regards some of the punishments are determined by criminal justice systems in every society. Imprisonment is one of these penalties which specified in this regard and through this punishment the convicted persons are detained in prison. However, the guilty is sentenced to prison and restriction of his or her liberties, but she or he has fundamental rights and freedoms that must be protected even if in prison and has the right to how to be punished. All of these rights and freedoms are protected by the rule of law. This issue means that how to be punished is restricted under the definite principles which have to be exercised when the retribution and punishment is ongoing. This matter of criminal law and criminal justice is considered as right on how to be punished. The area of this right and authority of prison’s heads and its personnel is determined by law. In order to do that and protection of prisoner’s human rights and regulating manner with them and also for prison management, the rule of law provided a set of guidelines. According to these guidelines prison is managed in the legal framework as well as in this context the prisoner’s rights are protected effectively. These guidelines are provided in some of international legal instruments. This article investigates these guidelines and in respect of their human rights aspects which related to the environmental, educational, management, health care, personnel and humanistic dimensions of imprisonment these guidelines and instructions are studied and analyzed.

A new paradigm of reparation for victims of child pornography

This paper sets out the distinctive harm caused and wrong done to child pornography victims. It presents a paradigm of reparation within a restorative justice framework that explains the significance of material reparation for these victims. The paper demonstrates that because of the particular nature of child pornography offences and the harms and wrongs occasioned, existing avenues for legal redress in England and Wales and the USA are generally inadequate and ill-fitting, and that a new mechanism for effecting suitable reparation is required. It concludes by sketching a new mode of restorative justice for victims of child pornography, emphasising significant matters that must be addressed alongside financial redress in order to facilitate victims’ restoration.

Rehabilitation for the Jewish Victims of the Holocaust

This article looks at reparation and rehabilitation for victims of the holocaust through the work carried out by the Claims Conference of which the author was a member. It provides detailed information about how it was possible to put in place a reparation programme to redress the harm of victims of the holocaust and illustrates how rehabilitation, understood in wide terms, was and continues to be crucial.

Reflections on Rehabilitation as a Form of Reparation in Chile after Pinochet’s Dictatorship

This article considers the Programme for Reparation and Integral Health Assistance for Victims of Human Rights Violations (prais) in Chile. It includes a summary of the reparations programmes implemented in Chile from 1990 to 2004, to redress the human rights violations suffered by victims of Pinochet’s dictatorship (1973–1990). The Health Programme was created in 1991 and reinforced by law in 2004. It has been the principal reparation measure for victims of human rights violations adopted in Chile, including third-generation relatives. This article puts them in context and assesses achievements and challenges of the reparations programme.

Education as Rehabilitation for Human Rights Violations

Reparations for human rights violations in the form of rehabilitation can include social services such as education. This can be a particularly appropriate form of reparation for victims who have experienced abuses that result in missed education as a lost opportunity. Reparations can be rehabilitative by directly responding to harms suffered by victims and their ensuing needs, thereby helping to reintegrate those victims into society and restoring to them a functional life. Education can be provided through an administrative program or policy as individual reparations, such as scholarships to victims, as collective reparations, such as the rebuilding of schools in communities hard hit by abuses, and as symbolic reparations, such as naming schools. Court decisions awarding education as a form of reparation have also contributed significantly to our understanding of education as rehabilitation. This article examines the contributions that education as rehabilitation can make to redress as well as the implementation challenges faced by initiatives that have attempted to do so.

Sexual Exploitation and Abuse in un Peace Operations

Since 2003, the un has sought to develop responses to combat sexual exploitation and abuse by un personnel serving on peace operations. Almost 15 years later, the un is still facing challenges in dealing effectively with allegations of sexual exploitation and abuse committed by peacekeepers. With the adoption of Security Council Resolution 2272 (2016) on 11 March 2016; the un Secretary-General’s reports of 16 February and 23 June 2016; and General Assembly Resolution A/res/70/286 in 2016; the un appears to have stepped up its efforts to combat sexual exploitation and abuse by peacekeepers. The first part of this paper seeks to outline the development of the un’s strategy to deal with sexual exploitation and abuse by peacekeepers. The second part identifies the key issues that underlie the un’s strategy. The third part reflects on three components of that strategy: the zero tolerance policy for sexual exploitation and abuse by peacekeepers, the accountability of un peacekeepers where allegations of sexual exploitation and abuse have been substantiated, and reparations for victims of sexual exploitation and abuse by un peacekeepers.

Might Makes Right: War-Related Payments in Bosnia and Herzegovina

ABSTRACTThis article explores the patterns of distribution of material reparations (compensation) for victims and veterans in post-1995 Bosnia and Herzegovina. Drawing on bottom-up approaches to reparative justice and critical peacebuilding, it explains the existing material reparation schemes in Bosnia as outcomes of the post-war transition and interests of the main transitional actors. It first explores the different approaches to war-related compensation for victim and veteran groups and then demonstrates that veterans have formed powerful pressure groups, drawing on extensive political and economic resources. Their organizations have been receiving socioeconomic support in exchange for electoral endorsement and public political support. As victims are fragmented ethno-nationally, by categories, and also lack capacities, their means to leverage the authorities for change are limited, even when matched with NGO and international support. This paper argues that unless material reparation is distributed in a transparent and consistent manner, it may create additional social cleavages and tensions.

Who counts?: the mathematics of death and life after genocide

In Who Counts? Diane M. Nelson explores the social life of numbers, teasing out the myriad roles math plays in Guatemalan state violence, economic exploitation, and disenfranchisement, as well as in Mayan revitalization and grassroots environmental struggles. In the aftermath of thirty-six years of civil war, to count—both numerically and in the sense of having value—is a contested and qualitative practice of complex calculations encompassing war losses, migration, debt, and competing understandings of progress. Nelson makes broad connections among seemingly divergent phenomena, such as debates over reparations for genocide victims, Ponzi schemes, and antimining movements. Challenging the presumed objectivity of Western mathematics, Nelson shows how it flattens social complexity and becomes a raced, classed, and gendered skill that colonial powers considered beyond the grasp of indigenous peoples. Yet the Classic Maya are famous for the precision of their mathematics, including conceptualizing zero long before Europeans. Nelson shows how Guatemala's indigenous population is increasingly returning to Mayan numeracy to critique systemic inequalities with the goal of being counted—in every sense of the word.

Consideration on War Crimes and Victim Protection - focused on the development process of the international military justice system and victim reparation -

Consideration on War Crimes and Victim Protection - focused on the development process of the international military justice system and victim reparation -

ICC Court Decision on Reparation for Victims of the Post-Election Violence: No Reparation without Conviction Prosecutor v. William Samoei Ruto and Joshua Arap Sang, Decision on the Request Regarding Reparations, 1 July 2016

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Etnoeducación afropacífica y pedagogías de la dignificación

This article reflects on the contributions of Afro-Colombian ethno-education to contemporary debates about reparation and dignification of conflict victims. We particularly want to highlight some features of experiments carried out in the Narino Pacific recently by community organizations. While ethno-education emerged in the late twentieth century along with the Afro-Colombian social movement, the conditions surrounding many of its dynamic performance have changed dramatically due to situations such as illegal economies, the recruitment of children to war, State neglect and forced displacement plaguing many of the collective territories of black communities. In that sense, Afro- Colombian ethno-education project has suffered important changes, and new interpretations are required in the perspective of the pedagogies of dignification and African reparations

Massacres, Majorities and Money: Reparation after Sectarian Violence in India

AbstractThis article evaluates reparation by the state after four of the worst episodes of violence against religious minorities in independent India. Examining official records obtained through India’s law on the right to information, I analyze government aid to victims after identity-based massacres over a 20-year period. I argue that there is a well-established repertoire of assistive measures after sectarian violence but, despite the resources available within a politically stable state, aid for victims of mass violence in India is unimaginative and meagre. I argue further that the political opportunity structure for reparations is limited by the fact that sectarian mobilization is embedded within electoral politics in India. Just as sectarian politics led governments to tolerate mass violence, it constricts the checks and balances that might lead to adequate reparation after violence subsides. I then suggest that opportunities to negotiate better reparation for victims expand over time, and propose that a law on reparation would constrain state bias and strengthen opportunities for victims to demand the support that they need.

Measures of Non-Repetition in Transitional Justice: The Missing Link?

The international transitional justice soft law framework breaks the obligations of states to combat impunity and provide reparation into a number of discrete tasks, including truth-seeking/telling, accountability, and reparations for victims. The most amorphous of these tasks is ‘guarantees of non-repetition.’ While the basic idea is clear - whatever measures are needed to prevent a recurrence of the serious human rights violations or international crimes committed in the past - the content of this idea has been unduly narrowed over the years. In practice, it generally means vetting or restructuring of security forces, and measures to increase the independence and effectiveness of the formal judiciary. The chapter explores the possibility of expanding the view of what is meant, to encompass a more transformative non-repetition of the conditions likely to lead to renewed conflict. It looks at several attempts to do just that, through peace accords, truth commission recommendations or other means. It briefly considers the Philippines and Colombia as examples of how such an approach might work. It explores whether, given the risks of a broad “transformative” approach, a more fulsome view of measures of non-repetition could serve to both expand and appropriately limit the concept.

An Integrated System of National and International Remedies for Crimes under International Law

Ten years’ ago, the United Nations (UN) General Assembly adopted the Basic Principles on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Principles or Principles). 1 The Principles were intended to codify existing international norms and standards on the right to a remedy and reparation for violations that cut across international human rights, criminal and humanitarian law. 2 The scope of the Principles include the duty to prevent violations; to conduct an effective, prompt, thorough and impartial investigation ‘against those allegedly responsible’ and to provide victims with ‘equal and effective access to justice’ and ‘adequate, effective and prompt’ reparation. 3 The Preamble to the UN Basic Principles underlines the importance of addressing remedies ‘in a systematic and thorough way at the national and international levels’. 4 This statement is not developed further within the Principles and has not been explored comprehensively in the academic or policy literature. The term ‘national’ is also not defined although a distinction must be made between ‘national’ for the purpose of ‘local remedies’ and foreign national courts. This new book proposes to fill this gap by posing three questions. First, to what extent does the existing national (including foreign national) and international infrastructure provide a comprehensive system of remedies? Secondly, can the system be developed to fill gaps and in what way? Thirdly, how should the relationship between national, foreign national and international remedies be conceived? Should it be linear in solely focusing on access to international or foreign national remedies where local remedies fail or should it also be iterative with international and foreign national remedies seeking to feedback into local remedies as a means of reactivation?

Comisiones de la Verdad y posibles aprendizajes para el caso colombiano.

<p>Las comisiones de la verdad han sido empleadas como una de las herramientas de la justicia transicional para coadyuvar en el proceso de la verdad, la justicia y la reparación de las víctimas. Las especificidades de diversas formas y modelos<br />de comisiones de la verdad pueden ser de ayuda frente a la posibilidad de tener en Colombia una comisión de la verdad que dé cuenta de los hechos ocurridos en el marco del conflicto armado interno.</p><p> </p>

Responsabilidad corporativa y justicia transicional

Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contribute to these violations, often in the form of corporate complicity with the principal violators. An argument can therefore be made that to achieve the aims of transitional justice and establish a holistic narrative of the past as well as obtain justice and reparations for victims requires investigating and addressing the role of corporate actors. This article uses the example of Colombia’s Justice and Peace process to show some of the complexities, opportunities and challenges that arise if transitional justice measures focus primarily on criminal law and create a specific legal framework, outside of the ordinary justice systems, only for a limited group of primary perpetrators, in the Colombian case for members of the armed groups who demobilised. It is argued that the exclusion of corporate actors in contexts where their role is regarded as significant leads to victims seeking alternatives ways to obtain justice and that both victims and corporations would benefit if transitional justice mechanisms addressed the role of corporations.

Jo-Anne M. Wemmers (ed.),Reparation for Victims of Crimes against Humanity: The Healing Role of Reparation

Jo-Anne M. Wemmers (ed.),<b><i>Reparation for Victims of Crimes against Humanity: The Healing Role of Reparation</i></b>

From Passive Objects to Active Agents: A Comparative Study of Conceptions of Victim Identities at the ICTY and ICC

Contemporary developments in international criminal justice have led to new systems of victims' rights and redress. A number of studies have identified the processes of victim protection, participation, and reparations at the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC). However, little attention has been paid to how these changing practices have served to constitute victim identities. This article seeks to address this gap in scholarship through an analysis of the changing definitions, status, and integration of victims into these institutions. It explores how institutional practices serve to construct victims as either “passive objects” or “active agents” of the law. It then considers whether this “active agent” translates to ideas of the person in all social contexts. The article argues that the ICC needs to consider whether victims hold the necessary personal, material, and social “resources” required to action their rights in this institutional context.

Stephanie Wolfe, The Politics of Reparations and Apologies

Stephanie Wolfe’s book explores how states come to terms with their involvement in past atrocities and how they respond to demands for reparation. The book discusses three particular cases, all dealing with atrocities committed during the Second World War: Germany following the Holocaust; the USA with regard to the internment of Japanese residents; and the question of Japan’s responsibility vis-à-vis comfort women. These case studies reveal attitudes and policies that have evolved from denial to acknowledgement, statements of regret, apologies and the provision of particular remedies to survivors, next of kin or affected communities, more generally. Through these case studies, Wolfe retraces a growing social expectation ‘that governments should admit to prior unjust or discriminatory actions and engage in negotiations with their victims’.1 Accordingly, this trend was initiated by the 1952 Luxembourg Reparations Agreement between West Germany and Israel, and it culminated in 2005, when the United Nations General Assembly adopted the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. Yet, as Wolfe shows through the case study of Japan and comfort women, there remains significant resistance to the implementation of this norm.