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Making Amends
Reparation, or making amends, is an ancient theme in criminal justice. It was revived in both Europe and North America in the 1980s as a practical alternative both to retributivism, and to the various utilitarian projects traditionally associated with retributive justice.Making Amends examines the practice of these schemes in the UK, USA, and Germany, and shows how criminal justice institutions were unresponsive to these attempts to cast justice in a new form. Yet the experiments reflected an abiding dissatisfaction with criminal courts and with the manner in which justice is conceived and expressed within the criminal framework. The authors' conclusions therefore have implications for the workings of the criminal justice system as a whole.
Reparation for Victims of Crimes against Humanity
Each year, countless people fall victim to crimes against humanity. These include widespread occurrences of systematic murder, torture, rape, disappearances, forced deportation and political persecution. Crimes against humanity constitute an attack on human dignity and as such they violate the human rights of the victim, as well as the laws of humanity. In recent years, following the creation of the International Criminal Court, there has been a growing interest in the prosecution of offenders and, in particular, in reparation following crimes against humanity. While such measures are meant to provide justice for victims, victims are often forgotten or lost in legal debates about what consti...
The Reparation System of the International Criminal Court
When the Rome Statute for the International Criminal Court was adopted in 1998, one of its great innovations was that victims were granted an active role in the proceedings. In its early jurisprudence on victims’ rights, the International Criminal Court stated that “the success of the Court is, to some extent, linked to the success of its reparation system.” This book is among the first to focus on the International Criminal Court’s power to order reparations to victims. It provides a comprehensive analysis of the legal framework of the reparation system, taking into account relevant Court decisions. Possibilities for its implementation are drawn up, providing potential solutions for its multiple challenges, including the distinct asymmetry between the individualized responsibility to provide reparations and the collective nature of the crimes and its consequences. With its practical approach, this book is particularly valuable for practitioners, but also for students and researchers.
Reparations and Victim Support in the International Criminal Court
Alongside existing regimes for victim redress at the national and international levels, in the coming years international criminal law and, in particular, the International Criminal Court, will potentially provide a significant legal framework through which the harm caused by egregious conduct can be addressed. Drawing on a wealth of comparative experience, Conor McCarthy's study of the Rome Statute's regime of victim redress provides a comprehensive exploration of this framework, examining both its reparations regime and its scheme for the provision of victim support through the ICC Trust Fund. The study explores, in particular, whether the creation of a regime of victim redress has a role to play as part of a system for the administration of international criminal justice and, more generally, whether it has such a role alongside other regimes, at the national and international levels, by which the harm suffered by victims of egregious conduct may be redressed.
Reparation in criminal law
Wiedergutmachung im Kriminalrecht/Albin Eser.- v.2.
Practices of Reparations in International Criminal Justice
Combining interdisciplinary techniques with original ethnographic fieldwork, Christoph Sperfeldt examines the first attempts of international criminal courts to provide reparations to victims of mass atrocities. The observations focus on two case studies: the Extraordinary Chambers in the Courts of Cambodia, where Sperfeldt spent over ten years working at and around, and the International Criminal Court's interventions in the Democratic Republic of Congo. Enriched with first-hand observations and an awareness of contextual dynamics, this book directs attention to the 'social life of reparations' that too often get lost in formal accounts of law and its institutions. Sperfeldt shows that reparations are constituted and contested through a range of practices that produce, change, and give meaning to reparations. Appreciating the nature and effects of these practices provides us with a deeper understanding of the discrepancies that exist between the reparations ideal and how it functions imperfectly in different contexts.
Justice for Victims and Offenders
This work charts issues and developments affecting victims of crime from the earliest times to the modern day, including in particular reparation, compensation, and the evolution of restorative justice. It takes account of the changes in the 1990s.
Reparation and Victim-focused Social Work
Reparation and the place of the victim in the criminal justice process have been the focus of recent legislation and policy initiatives. As a result practitioners are required to place more emphasis on working with victims. The contributors to this book bring together research material from the wide range of disciplines involved and present an overview of the information needed for effective practice. They examine the practicalities of reparation orders, family group conferencing, restorative cautioning schemes and the workings of youth offending teams. They also evaluate the effects of legislation such as the Crime and Disorder Act and the Victim's Charter and explore issues raised by specific types of crime such as urban and rural crime, 'hate crimes' and male violence in the home. This book is essential reading for all agencies and individuals working with offenders and their victims.
Out of the Ashes
Over the last decade, the issue of reparation for victims of gross and systematic human rights violations has given rise to intense debates at the national and the international level. Discussions particularly arise in post-conflict situations characterised by serious violations of human rights, such as genocide, crimes against humanity, war crimes, and other forms of injustice of the past. Crucial questions include: what harm inflicted to victims warrants reparation? when and how to repair the harm? who is eligible for reparation and who has the duty to repair? These and other questions raise many challenging issues for theory and practice. This volume contains the contributions presented a...
Victims Before the International Criminal Court
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
