Table Of Content‘This book is imaginative, ambitious, state of the art, interdisciplinary and
international and has futuristic reflections on justice for victims.’
Dr Pamela Davies, Teaching Fellow and Director of Criminology,
Northumbria University, UK
‘Justice for Victims is an anthology that should be in university libraries across
the world. It provides an impressive smorgasbord of writings from some known
scholars, but also many new scholars whose contributions to Victimology can now
be easily accessed. It covers rights for victims, justice in countries in transition,
and issues of reconciliation between oppressors and oppressed.’
Irvin Waller, President, International Organization for Victim Assistance
and Professor, University of Ottawa, Canada
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Justice for Victims
Justice for Victims brings together the world’s leading scholars in the fields of study sur-
rounding victimization in a pioneering international collection. This book focuses on the
current study of victims of crime, combining both legal and social-scientific perspectives,
articulating both in new directions and questioning whether victims really do have more
rights in our modern world.
This book offers an interdisciplinary approach, covering large-scale (political) vic-
timization, terrorist victimization, sexual victimization and routine victimization. Split
into three sections, this book provides in-depth coverage of: victims’ rights, transitional
justice and victims’ perspectives, and trauma, resilience and justice. Victims’ rights are
conceptualized in the human rights framework and discussed in relation to supranational,
international and regional policies. The transitional justice section covers victims of war
from the point of view of those caught between peace and justice, as well as post-conflict
justice. The final section focuses on post-traumatic stress, connecting psychological and
anthropological perceptions in analysing collective violence, mass victimization and trauma.
This book addresses challenging and new issues in the field of victimology and the study of
transitional and restorative justice. It will be of interest to researchers, practitioners and students
interested in the fields of victimology, transitional justice, restorative justice and trauma work.
Inge Vanfraechem, PhD, is Manager of the European FP7 ALTERNATIVE project and
works at the KU Leuven, where she received her BA, MA and PhD in criminology (2006).
Dr Vanfraechem is the editor of Restorative Justice: an International Journal, the only
peer-reviewed, high standard, academic and international journal in the field of restorative
justice. Dr Vanfraechem is also a key member of the Working Group on Victimology of the
European Society of Criminology (ESC).
Antony Pemberton, PhD, is Associate Professor and Director of Studies at the Interna-
tional Victimology Institute Tilburg (INTERVICT) in the Netherlands. He has published
more than 60 articles, books and book chapters on victimological subjects, with a particular
emphasis on victims in justice processes.
Felix Mukwiza Ndahinda, PhD, is an Assistant Professor at Tilburg Law School’s Inter-
national Victimology Institute Tilburg (INTERVICT, Tilburg University, the Netherlands)
and he is also the coordinator for the Masters in Victimology and Criminal Justice at Tilburg
Law School. He holds a PhD from Tilburg University (2009); an LLM from the Raoul Wal-
lenberg Institute of Human Rights (Sweden-2006) and a Bachelor’s degree (LLB) from the
National University of Rwanda (2003).
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Justice for Victims
Perspectives on rights, transition and
reconciliation
Inge Vanfraechem, Antony Pemberton
and Felix Mukwiza Ndahinda
With Ivo Aertsen, Victor Jammers, Sonja
Leferink, Rianne Letschert and Stephan
Parmentier
RO Routledge
U
TLED Taylor & Francis Group
G
E
LONDON AND NEW YORK
First published 2014
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa
business
© 2014 selection and editorial material, Inge Vanfraechem, Antony Pemberton
and Felix Mukwiza Ndahinda; individual chapters, the contributors.
The right of Inge Vanfraechem, Antony Pemberton and Felix Mukwiza
Ndahinda to be identified as author of this work has been asserted by
them in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilized in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Justice for victims: perspectives on rights, transition and
reconciliation / edited by Inge Vanfraechem, Antony Pemberton
and Felix Mukwiza Ndahinda.
pages cm
1. Victims of crimes. 2. Restorative justice. I. Vanfraechem, Inge. II.
Pemberton, Antony. III. Ndahinda, Felix Mukwiza.
HV6250.25.J87 2014
362.88–dc23
2013048744
ISBN13: 978-0-415-63433-5 (hbk)
ISBN13: 978-0-203-09453-2 (ebk)
Typeset in Times New Roman
by Sunrise Setting Ltd, Paignton, UK
Contents
List of figures x
List of tables xi
List of contributors xii
Acknowledgements xvii
General introduction 1
FELIX MUKWIZA NDAHINDA, ANTONY PEMBERTON AND
INGE VANFRAECHEM
PART I
Victims’ rights 9
1 Victims’ rights 11
PAUL ROCK
2 Respecting victims of crime: key distinctions
in a theory of victims’ rights 32
ANTONY PEMBERTON
3 Recognition of victims’ rights through EU
action: latest developments and challenges 51
HELGA EZENDAM AND FRIDA WHELDON
4 Implementing victim rights in newly industrialized
countries: reflections on major challenges
and recommendations for the future 66
K. JAISHANKAR
viii Contents
5 Should reparations for massive human rights
abuses perpetrated on African victims during
colonial times be given? 89
JEREMY SARKIN
6 State compensation for victims of violent crime 105
DAVID MIERS
7 Legal protection and assistance for victims of
human trafficking in the United States:
a harm reduction approach 140
XIN REN
PART II
Transitional justice 159
8 Victims, transitional justice and social reconstruction:
who is setting the agenda? 161
HARVEY WEINSTEIN
9 Integral justice for victims 183
RAMA MANI
10 Repairing the impossible: victimological approaches
to international crimes 210
RIANNE LETSCHERT AND STEPHAN PARMENTIER
11 Transitional justice and the victims: a special
focus on the case of Chile 228
JOSÉ ZALAQUETT
12 The Transitional Justice Imaginary: Uncle San,
Aunty Yan and victim participation at the
Khmer Rouge Tribunal 247
ALEXANDER LABAN HINTON
PART III
Trauma, resilience and justice 263
13 Perceived control over traumatic events:
is it always adaptive? 265
PATRICIA FRAZIER
Contents ix
14 Procedural justice for victims of crime: are victim
impact statements and victim–offender
mediation rising to the challenge? 277
TINNEKE VAN CAMP AND VICKY DE MESMAECKER
15 Delivering justice to child victims of crime:
navigating the support and criminal justice systems 300
ILSE VANDE WALLE
16 ETA terrorism victims’ experience with restorative
encounters in Spain 322
GEMA VARONA
17 Victims of corruption: a conceptual framework 355
QINGLI MENG AND PAUL C. FRIDAY
18 Reconceptualizing sexual victimization and justice 378
KATHLEEN DALY
Index 396
