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Front-line workers mediate law on the books and law in action, translating higher-level laws into local policy. One important mediating institution is the police. Whereas most research analyzes how the law empowers police to label certain denizens “criminals” – both within and outside criminal legal contexts – this article demonstrates how policing also affects who is recognized as an innocent crime victim. Synthesizing existing scholarship, I theorize three paths through which police can affect legal recognition of crime victims: criminalization, minimization, and legal estrangement. I then test the extent to which these processes affect victims’ access to public benefits provided under victim compensation law. Drawing on never-before-analyzed administrative data from 18 U.S. states (N = 768,382), I find police account for more than half of all victim benefits denials. These denials are racialized and gendered: Police are significantly more likely to criminalize and be estranged from Black male victims and significantly more likely to minimize the injuries of Black female victims. Additional qualitative data suggest police systematically perceive Black men as not truly innocent and Black survivors of gender-based violence as not truly victims. These findings advance our understanding of the expansive role of police in society as well as the porous boundary between social provision and social control.
This general introduction introduces the significance and thinking behind the Cambridge History, and the challenges in defining and delimiting the Holocaust. It discusses the way in which the Holocaust’s massive impact on postwar thought has shaped the approach to the Cambrideg History. Finally, it makes sense of the structure of the four volumes.
The Introduction focuses on the experiences of victims of the Holocaust rather than perpetrators. It addresses victims’ perceptions, understandings, reactions, self-help and varied attempts at resistance. It also concerns Roma, mentally and physically challenged individuals, Slavs and Soviet POWs, and homosexuals. Finally, it addresses historiography, as do most of the chapters in this volume.
The idea of an “integrated history” of the Holocaust is primarily associated with Saul Friedländer. For Friedländer, integration means bringing the Jewish dimension of the Holocaust into the history of the Nazi epoch. This is to be achieved by ensuring that the historian’s focus is not only on the Germans but also on institutions of all sorts across Nazi-occupied Europe, as well as on Jewish responses both under Nazi occupation and outside it. This “simultaneous representation of the events – at all levels and in all different places – enhances the perception of the magnitude, the complexity, and the interrelatedness of the multiple components of this history,” as he writes. This chapter considers the extent to which Friedländer realized his goal, and asks what other kinds of integration – such as placing the genocide of the Jews in a single analytical framework alongside the Nazis’ “other victims”; or placing the Holocaust in the context of genocide studies – might help us to understand about the Holocaust as a historical event or about its significance for the contemporary world. While most historians are in favor of integration, what that means in practice remains contested.
This chapter investigates what Primo Levi called the space “which separates the victims from the persecutors.” It uses historical examination, an anthropological approach to morality, and a historiographical review of writing to assess such “gray zones.” These can include stealing food, the role of Jewish physicians, the Sonderkommandos, or decisions made by prisoner functionaries.
Judge Roberto Carlos Vidal López is a Lawyer and Professor at the Pontificia Universidad Javeriana in Bogotá, where he gained a PhD in law. Since 1997 he has been a Professor and Expert Researcher there on human rights, international humanitarian law (IHL), forced migration and internal displacement. He has also studied history.
In addition to his work as a Professor, Judge Vidal López has been a Lecturer at the Universidad del Rosario and a Visiting Researcher at the University of Essex in the United Kingdom. He has worked for the Ideas for Peace Foundation, the United Nations in Colombia, the International Association for the Study of Forced Migration, the University Network for Peace, the Ombudsman’s Office of Colombia and the Brookings Institution, a major Washington-based think tank. He has also produced thirty publications, including Truth-Telling and Internal Displacement in Colombia (2012), The Participation of Internally Displaced People in Peace Processes in Colombia (2007) and Derecho global y desplazamiento interno: Creación, uso y desaparición del desplazamiento forzado por la violencia en el derecho contemporáneo (2007).
The perpetration of torture in peacetime almost inevitably involves the responsibility of a State. Indeed, State responsibility is at the heart of the international human rights law prohibition of torture, which also applies in a situation of armed conflict. In the case of torture as a war crime, a crime against humanity, or genocide, however, an entity other than a State may be directly responsible for acts of torture. Nevertheless, as a matter of general international law, given the seriousness of the violation of a jus cogens norm, in all situations the victims and survivors of torture are entitled to a remedy to help compensate for the harm they have suffered. The same principle should pertain to other forms of ill-treatment even though their prohibition is not also a peremptory rule of international law. The consequences of being tortured for the individual and his or her family can be both devastating and lifelong. Rehabilitation may help to turn a victim into a survivor, but it will never fully dispel the harm that has been inflicted. Some of the techniques developed by dedicated experts and non-governmental organizations to promote physical and psycho-social rehabilitation are referred to in this chapter.
Grand corruption-systemic, large-scale, and top-down misappropriation of public resources for private gain-remains a pervasive problem around the world. It affects the ability of governments to educate, feed, and care for their people. It undermines human rights, perpetuates impunity, and erodes trust in government and the judiciary. It strengthens disgruntlement, authoritarianism, and insurgency. Corruption, however, is not a static force. In this work, Naomi Roht-Arriaza explores how corruption has changed, and how new anti-corruption thinking, especially in Latin America, centers human rights, victims' access to justice, and reparations. Roht-Arriaza shows how activists have used outside pressure and support for local actors where state institutions have been captured and foregrounds anti-corruption considerations in dealing with transitional justice and atrocity crimes. Written with engaging stories and examples, this book will appeal to lawyers, scholars of Latin America, and anyone else interested in fighting kleptocrats with the goal of reclaiming the common good.
Disaster commemoration serves as a moment to remember victims and honor survivors. In the case of 3.11, commemoration works differently. As a slow disaster, with radiation exposure and evacuation at the center of the story, 3.11 is not yet over. This places special importance on commemoration as a moment for memory, but also for ongoing commitments to research, justice, and health interventions for survivors.
This article highlights the cross-disciplinary methodological potential of Third World approaches to international law (TWAIL) and microhistory by studying the active and complex exercise of agency by victims in an understudied historical instance of post-war justice, namely, the Singapore ‘Sook Ching’ trial or Nishimura trial. This trial dealt with the arbitrary massacre of Chinese residents by the Japanese military during the Second World War. Using TWAIL and microhistory methods, this article analyses trial transcripts and archival material on the Nishimura trial, with a focus on the trial experiences of witnesses, survivors, and community representatives. By studying the Nishimura trial as mobilization and meaning-making opportunity, this microhistory draws attention to the exercise of social and political agency by the Chinese community under difficult post-war conditions and British colonial rule. Chinese community leaders represented the community as collectively victimized and united in the pursuit of post-war justice. However, a close analysis of trial transcripts reveals tensions within the community and the need for a more complex understanding of victimhood.
La Cour pénale internationale s’est penchée récemment sur la question nouvelle de la réparation des préjudices transgénérationnels. Dans son analyse, la cour s’appuie sur un type de préjudice qui dépasse la victime immédiate et qui en vise une qui n’a vécu l’événement traumatique original, que par l’entremise d’un transfert générationnel. En ce qui concerne la réparation, il faut établir si ce préjudice est spécifique et autonome justifiant une reconnaissance et, par conséquent, une mesure de réparation. La question de réparer un préjudice transgénérationnel est d’actualité et encore peu étudiée en droit pénal international. Le présent article vise à apporter une contribution dans ce domaine en examinant la façon dont le préjudice transgénérationnel est juridiquement élaboré dans certains exemples s’inscrivant dans un contexte de violations massives et graves des droits humains. Enfin, l’article analyse la jurisprudence de la Cour pénale internationale, mettant en lumière les difficultés et les dilemmes générés par la reconnaissance des préjudices transgénérationnels dans la sphère juridique pénale.
This introduction lays out various aspects concerning robots' entanglement with substantive law, including an all-round view of the criminal liability of humans for robots, the criminal responsibility of robots themselves, self-defense against robots, and robots as victims of crime. While Janneke de Snaijer and Marta Bo in their chapter discuss specific aspects of criminal liability and exemptions therefrom, Thomas Weigend analyzes the looming “responsibility gap” and the option of expanding the idea of corporate criminal responsibility to cover harm caused by AI devices. This is one aspect of a preventive, repressive, and long-term perspective on how criminal law can shape human–robot interaction, but also possibly an example of how the wish to regulate robots could affect criminal law itself.
This paper critically reviews and examines the available data concerning Italians embarked on the SS Arandora Star on 30 June 1940. It encompasses their fate on 2 July when the ship was sunk, their subsequent journeys and the sources used to verify the conclusions. The principal aim is to establish, as far as is possible, the precise number, correct names and other details of those who were embarked on the ship. A fully validated ‘Embarkation Listing’ is published here for the first time.
The chapter discusses the position of victims in international criminal justice and the evolution of their status and modalities of their involvement in the administration of justice by international criminal jurisdictions, with a particular focus on the legal regime of the International Criminal Court (ICC). The chapter highlights the centrality of victims as the core constituency of international criminal law and the mismatch between this aspiration and the limited recognition of their agency and rights before the UN ad hoc tribunals. It then examines how the ICC’s architects have sought to bridge this gap in the Court’s Statute and Rules of Procedure and Evidence. The ICC’s legal framework is unprecedented in this respect. Over and above the protective measures necessary on account of their engagement in the proceedings, it granted victims extensive rights to participate and be legally represented at different stages the ICC proceedings as well as the autonomous right to obtain reparations. The chapter surveys the key challenges this ambitious scheme has raised, as far as the admission of victims to participate, the organisation of their legal representation, and the implementation of reparations are concerned, and solutions that have been developed in the Court’s practice to date.
Prosecutors in adversarial systems are simultaneously expected to be impartial ministers of justice and partisan advocates. Leaving this tension unaddressed can result in poor-quality prosecutorial decision-making. This article develops a novel “dynamic” framework for prosecutors to navigate between and prioritize these competing considerations, which can be used to understand, evaluate, and improve prosecutorial performance. Under this framework, the prioritization should depend on which function the prosecutor is exercising at any given time. The article then deploys primary data collected in Delhi, through court observation and interviews with judges, lawyers, victims, and victim-support persons, to exemplify and justify the framework.
Japan is often said to have one of the lowest rape rates in the world, and Japanese police claim to solve 97 percent of rape cases. But in reality, only 5–10 percent of rape victims report it to police, and police record half or less of reported cases while prosecutors charge about one-third of recorded cases. The result of this process of caseload attrition is that for every 1,000 rapes in Japan, only 10–20 result in a criminal conviction – and fewer than half of convicted rapists are incarcerated. Similar patterns characterize Japan's criminal justice response to other sex crimes. This article shows that impunity for sex offenders is extremely common in Japan, and it argues that patriarchal social and legal norms help explain this pattern.
Ordinary civilians are assumed to panic or freeze in crises, but research has shown that this is a myth. In many crises, civilians provide life-saving help to those in need. They may even form emergent groups, which are temporary organizations that are involved in crisis response activities. Their actions can be of major importance to the crisis response efforts, but professionals are often reluctant to include volunteers in formal crisis structures out of distrust and because it requires considerable adaptation. By excluding volunteers, responders are sure that trained professionals provide high-quality support to affected communities. The attitude of frontline responders to volunteers poses a dilemma. It is important to anticipate the presence of well-intentioned volunteers and build relations with them, so that their skills and intentions can be rapidly identified and potential coordination can be established early on. Civilians can be given a variety of tasks, depending on the crisis, but it should not foreclose the recognition of their possible victimhood. Open engagement enables the adaptive incorporation of civilians in frontline crisis response efforts.
Public stigma and fear are heightened in cases of extreme violence perpetrated by persons with serious mental illness (SMI). Prevention efforts require understanding of illness patterns and treatment needs prior to these events unfolding.
Aims
To examine mental health service utilisation by persons who committed homicide and entered into forensic care, to investigate the adequacy of mental healthcare preceding these offences.
Method
Forensic patients across two mental health hospitals in Ontario with an admitting offence of homicide between 2011 and 2021 were identified (n = 112). Sociodemographic, clinical and offence-related variables were coded from the health record and reports prepared for the forensic tribunal.
Results
Most patients (75.7%) had mental health contacts preceding the homicide, with 28.4% having a psychiatric in-patient admission in the year prior. For those with service contacts in the year preceding, 50.9% had had only sporadic contact and 70.7% were non-adherent with prescribed medications. Victims were commonly known to the individual (35.7%) and were often family members in care-providing roles (55.4%). Examination of age at onset of illness and offending patterns suggested that most persons admitted to forensic care for homicide act in the context of illness and exhibit a low frequency of pre-homicide offending.
Conclusions
Many individuals admitted to forensic care for homicide have had inadequate mental healthcare leading up to this point. Effective responses to reduce and manage risk should encompass services that proactively address illness-related (e.g. earlier access and better maintenance in care) and criminogenic (e.g. substance use treatment, employment and psychosocial supports) domains.
Globally, questions have been asked on how police utilized additional powers created to manage the spread of the COVID-19 virus without negatively impacting police legitimacy. This was particularly a concern in countries that had hitherto recorded high incidents of police misconduct prior to the emergence of the pandemic. Using a victim-centered approach, a qualitative study was conducted to examine the dimensions of unlawful use of force, human rights violations, and other police misconduct which prevailed during the enforcement of the COVID-19 lockdown in Nigeria. In all, 82 interviews with victims of police violence were conducted, and a thematic analysis of the narratives was carried out. Findings indicate negative perceptions of police legitimacy to intervene in public health crises. In building better community relations that will engender public compliance with police directives, the police authority is advised to purge itself of its militarized system, with officers undergoing procedural justice training and imbibing its principles.
Does information about the way victims of gender-based violence (GBV) are treated by the police influence evaluations of government policies to combat gender-based violence? I theorize that because most citizens have incomplete information about such policies, information about procedural fairness should be given more weight when forming evaluations of the government’s performance in this domain. Using original experiments embedded in public opinion surveys collected from Brazil, I find that information about procedural unfairness powerfully predicts more critical evaluations of GBV laws and the government’s performance in helping victims. In addition, these critical opinions influence bystander intervention attitudes. Mediation analysis confirms that views of procedural unfairness are critical in explaining these effects. The implications of the findings for the implementation of specialized services are discussed in the results and conclusion.