International Crime Victims Research Articles

Speaking Out: Graphic Narrative as Alternative Jurisdiction

Taking its cue from the recent “graphic turn” in law and humanities scholarship, this essay explores the potentially enabling possibilities of graphic literature as a site of doing justice. In particular, it connects critical work on graphic justice with recent theorisations of victims’ justice to ask whether graphic narrative(s) might provide an alternate space, or what Leigh Gilmore terms an “alternative jurisdiction,” that allows victims of international crimes and/or grave human rights violations to claim justice outside the formal bounds of law. From this perspective, the inquiry pursues two complementary aims. First, it seeks to offer new insight into the possibilities of graphic narrative to give voice to the lived experience of trauma and injustice – not just as testimony or evidence, nor as a mere humanistic gloss on the rigidly defined terrain of law, but rather as a form of justice itself. Second, it looks to present a set of fresh reflections on international law’s treatment of violent trauma, and on the sites and spaces within which victims’ justice might be effectively addressed and attained.

Bridging the Gap: Reparations in Refugee Camps

AbstractThe commission of large-scale international crimes (namely, crimes against humanity, war crimes, and genocide) could result in populations fleeing from their homes, seeking protection. There is an increasing number of victims of these crimes who have been forcibly displaced and currently live in settlements widely known as refugee camps. Victims of international crimes have the right to receive reparations for the harm they have suffered. This means that international criminal tribunals, particularly the International Criminal Court, will have to consider reparations for victims in refugee camps in the near future when the victims seek to enforce their right to reparations. To date, the delivery of reparations in these contexts has not been analysed adequately in the academic literature; this is the gap that this article aims to discuss. The article explores the extent to which it is suitable and feasible to deliver reparations in refugee camps. One of the main arguments is that living in a refugee camp could compound the crime-related harm already sustained by victims. This feature, along with the instability of the situation of victims and the infrastructure of the camp, constitute key characteristics of refugee camps and should each be taken into consideration in delivering reparations. As this article suggests, the instability of the victims’ situation will inform which modalities of reparations are suitable to be delivered in the context of a refugee camp. Subsequently, the compounded harm and the camp's infrastructure will inform which particular reparative measures, corresponding to each modality, will be suitable and feasible – respectively – to be delivered. The methodology includes desk-based and qualitative research and analysis of primary and secondary sources and case studies.

The rights of victims of core international crimes to reparation in Nigeria

Generally, the rights to reparation of victims of crime is largely controverted, especially in common law jurisdictions such as Nigeria where there is no express provision conferring or denying such right. With the rising number of victims of core international crimes in Nigeria, there is an increasing need to evaluate Nigeria's disposition to the plight of victims of core international crimes within its jurisdiction in light of the provisions of the Rome Statute. The article evaluates the possibility of the recognition of the right of victims of core international crimes to reparation in Nigeria. Although there are fragmentary provisions in the existing legislation that may be explored to ground the rights to reparations of victims of domestic crimes generally, the flaws and inadequacy of those laws are apparent in the face of the gravity and demands of core international crimes. The article argues that Nigeria owes an obligation to repair the harms suffered by victims of core international crimes in line with the provisions of article 75 of the Rome Statute which unequivocally confers such rights on victims, and the principle of ubi jus ibi remedium. The article concludes by making concise recommendations with respect to legal provisions on victims' rights to reparation in Nigeria in the context of international criminal law.

Addressing violations of international humanitarian law through the international criminal justice system: A criminologist’s contribution

The international criminal justice system has resorted to criminal sanctions as the sole response to international criminal offending, including international humanitarian law (IHL) violations. While responding to international criminal offending, the international criminal justice system has overly relied on utilitarianist and retributivist assumptions to criminal punishment that assumes the application of criminal law in enforcing compliance to societal norms in order to deter potential norm violators and to induce compliance. Furthermore, correcting criminal behaviour creates a sense of accountability and appeases victims of international humanitarian law violations and other international crimes. Arguments in support of this strategy also posit that it is important to take these steps because it brings a sense of respect to the rule of law or what is popularly known as fighting ‘impunity’. A reflection on the Nuremberg and the Tokyo trials following World War II seems to have influenced the criminalising of war crimes and other international crimes. On the other hand, criminologists over a century now have been studying causes of crime to influence public policy in crime prevention. It is, therefore, imperative to examine the aetiology of international humanitarian law violations through a criminological lens to inform international criminal justice policy on best approaches in responding to international crimes in general and war crimes in particular. The essay examines international humanitarian violations in the Democratic Republic of Congo to find out whether the international criminal justice system’s response to war crimes meet the purported stated goals of the international criminal justice system. The Lubanga case in the DRC situation is informative since it is the first conviction before the International Criminal Court.

ОГЛЯД ПОЛІТИКИ МІЖНАРОДНОГО КРИМІНАЛЬНОГО СУДУ ЩОДО ДІТЕЙ

The article examines the basics of the International Criminal Court (ICC) Prosecutor's activity concerning children, set out in a document entitled "Policy on Children" issued in 2016 (hereinafter - Policy). The Policy has made a significant contribution to the development of international criminal prosecution of persons responsible for harming children during an armed conflict or a situation of violence. The ICC's policies and practice primarily consider the interests of children who have been victims of international crimes or who interact with the ICC as witnesses. The author draws attention to the fact that the Policy reflects the personal jurisdiction of the ICC, according to which the Court prosecutes only persons who have reached 18 years. Therefore, younger children involved in international crimes are considered victims of the ICC regardless of their motives. The author demonstrates how the essential components of international criminal justice - complementarity and promotion of the interests of victims - find their practical significance in the Policy. These principles are fundamental at the stage of the ICC's preliminary examination of a situation where the Prosecutor takes special care to assess the impact of a particular context of armed conflict or violence on the rights and interests of children. It is crucial to respect the interests of the child at the stage of investigation when the Court interacts with children victims and children witnesses. The author shows that the Policy has fully absorbed the international legal framework of justice for children, in particular those developed within the UN, and focused on providing necessary guarantees to children victims and children witnesses, taking into account their vulnerability and special needs. An analysis of the Court's case-law shows that analysing the ICC's decisions in cases where children have been victims of international crimes, the guaranteeing of the children victims’ rights to reparations remains a pressing issue and challenge for the ICC.

The Problem of Witness Interference before International Criminal Tribunals

Victims of international crimes, such as genocide, crimes against humanity and war crimes, are considered crucial in establishing the evidence in cases before international criminal tribunals. Yet, due to the geographic, political, ethnic or religious circumstances in the country of origin, the nature of the crimes concerned and the nature of the victims’ or accuseds’ involvement in the crimes, international cases also bring with them significant risks for victims/witnesses and challenges for tribunals in protecting them. At times, individuals have disclosed identifying information of victims/witnesses in violation of protection orders of the tribunal, which has led to threats, intimidations and even murders, and ultimately, in a number of cases, the unwillingness of victims/witnesses to testify. Although the tribunals have measures at their disposal to sanction individuals breaching protection orders, the question remains how big the problem of witness interference really is and how to address this issue adequately.

Explaining Differences in Comparative Criminological Research: An Empirical Exhibition1

This manuscript examines the correspondence between unofficial and official measures of cross‐national crime for two violent and two non‐violent offenses. More specifically, we report on the convergence of two official measures of cross‐national crime, derived from the European Sourcebook and Interpol, and one unofficial measure of cross‐national crime, provided by the International Crime (Victim) Survey, in terms of their depiction of sexual assault, robbery, domestic burglary, and motor vehicle theft. We evidence strong correlations between the official measures of crime with an expanded sample, but the official data and victimization data were not consistently associated with one another regardless of sample size. This intriguing pattern may be explained by sample size and sample composition. A small number of countries exerted a considerable influence on our findings when we used an expanded sample of countries. We conclude that future researchers using cross‐ national data must attend to the contextual features of the specific countries that they include in their research.

Victims and Police in Belgrade

In this paper the author presents findings of the first (pilot) victimization survey carried out during 1996 in Belgrade (Serbia) as the part of International Crime (Victim) Survey. For the purposes of this survey standard ICS questionnaires and methodology, with some necessary corrections, were used. The random sample consisted of 1094 respondents living in central Belgrade's communes. The author focuses on data measuring respondents' willingness to report crimes, their reasons for not reporting crimes to the police and their attitudes toward the police, i.e. their level of confidence in and their reasons for dissatisfaction with the police. Survey findings are analyzed in connection with different crimes, bearing in mind macro factors, such as war and economic crises, which have contributed to the decrease in both the crime reporting rate and the level of confidence in the police. The author concludes that the survey draws attention to the sensitive relationship between citizens and police in the Federal Republic of Yugoslavia (FRY), suggesting an urgent need for radical reforms in the organization, control, training and education of the police concerning human rights in general and victims' rights in particular.

Policing and attitudes towards police in countries in transition: Preliminary results of the international crime (victim) survey

The International Crime (Victim) Survey was carried out in 1992 and 1996 in 7 and 15 countries in transition respectively. Changes in policy and attitudes to the police in these countries aroused major interest in terms of whether things are changing after the fall of the Berlin Wall. Preliminary analysis of the IC(V)S shows that in countries in transition there was an increase in reporting to the police in the period 1992–1996; the highest increase from among the total of 57 participating countries. While in 1992 the majority of citizens did not report to the police, in 1996 there were more reported than non‐reported crimes. However, other indicators of police satisfaction have not changed much. There is still an average no‐confidence in the police and dissatisfaction with the way the police handle cases once reported and treat the victims of crime. Similarly, satisfaction with the police in controlling crime has not improved. There is still much to be desired in changing the police culture and improving police‐community and police‐victims relations in countries in transition.

The International Crime (Victim) Survey: Issues of Comparative Advantages and Disadvantages

Difficulties in making international comparisons based on official national and international criminal justice statistics (United Nations Crime Surveys, INTERPOL) prompted the launching of the International Crime (Victim) Survey, which used a standard methodology and involved in two sweeps (1989 and 1992-1994) more than 30 industrialized and developing countries and countries in transition. Selected key findings are presented, and these basically highlight that, on an international comparative level, the developing world and countries in transition exhibit higher victimization rates for almost all selected types of crime, less satisfaction with law enforcement, and a more punitive orientation. The main advantages of the IC(V)S lie in the higher level of data comparability as well as in the comparative evaluation of police-community relations, attitudes toward punishment, and various crime prevention mechanisms. However, with its focus on households and individuals and selected crime types, the IC(V)S presents only a partial picture of the crime story. Other problems faced by the IC(V)S are discussed, such as what constitutes a proper sampling in countries that lack reliable population and other statistical information. Particular emphasis is placed on the tension between standardization to increase comparability on the one hand and cultural specificity on the other. Although the IC(V)S will prove to be instrumental in promoting alternative criminal justice information, particularly in the less advanced parts of the world, and in providing for more internationally comparable information, the limits of the study with respect to cultural interpretation should be clearly recognized.