Download ebook Studies in Global Justice: The New Faces of Victimhood : Globalization, Transnational Crimes and Victim Rights 8 (2012, Paperback) FB2, DJV, TXT
9789400738966 940073896X Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays, international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union. In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By placing this issue in the framework of the human security concept, the authors draw out its broader political and normative implications. Theologist Ralf Bodelier explains how modern communication technologies have heightened sensitivities among the general public for human insecurities anywhere in the world. In his view, a new global conscience is in the making that may become the cornerstone of international solidarity and action. Marc Groenhuijsen and Rianne Letschert describe the emergence of national and international legal and institutional arrangements to offer remedies to victims of crime in an era of globalization. In part II a selection of experts analyse the specific issues surrounding the protection and empowerment of victims of different types of international crimes such as human trafficking, organised crime/corruption, terrorism, global corporate crime and cross border environmental crimes. In part III focused attention is given to the special challenges and opportunities of protecting and assisting crime victims in cyberspace. Part IV deals with emerging victim issues in humanitarian law such as the accountability of private military companies and the implementation of the ambitious victim provisions in the statute of the International Criminal Court including the establishment of a global fund for reparations. In the final part of the book some of its core authors formulate their ideas about the international institutional arrangements that should be put in place to offer justice to the victims of globalization. A concrete proposal is made for the transformation of the United Nations 1985 Declaration on the Principles of Justice for Victims of Crime and Abuse of Power into a full-fledged UN convention. In the final chapter further proposals are made for the increased involvement of regional organisations such as the European Union in the protection of victims of global crime., Globalization is changing the victimological agenda by generating new types of victims, raising awareness of global responsibilities for their protection and eroding the capacity of states to offer it. Examples are victims of transnational organised crime including human trafficking, victims of cyber crimes, terrorism and cross-border environmental crimes. The concept of human security has been introduced as an analytical tool to understand how growing international interdependencies produce a need to protect new categories of victims regardless of national borders. Whereas the concept of national security focuses at threats to the sovereignty of the national state, human security looks at threats to the sovereignty of individuals. In this context, the individual human being is not just defined in terms of vulnerabilities, but also of strengths and capabilities to act as agents of change (victim empowerment). New international arrangements to protect victims in the emerging global arena are under development. Several international treaties have been elaborated in recent years to address the new global security threats. Modern concepts about victim involvement from national criminal law have been transposed into new international criminal law. In many of the treaties, victims of crime have been given procedural rights, transposed from national criminal law (eg. the UN Convention on Transnational Organised Crime and its three protocols have incorporated several elements of the UN Victims Declaration of 1985). It remains to be seen how these individual or collective rights will work out in practice in trials against maffiatype organisations or companies engaging in corrupt practices. Developments at the global or UN level are replicated at the level of the European Union. Although the development of European criminal law is resisted by many member states, there are incremental trends nevertheless. The European Council s framework decisions on human trafficking and on victim rights and the directive on state compensation for victims of violent crime are important instances of victim protection in the framework of EU-based criminal law. The further development of such EU legislation on crime victims as well as its implementation can illustrate how state formation at the European level impacts on victim issues. A related recent trend is the growing attention for international humanitarian law and specifically for the procedural role of victims therein, eg. the inclusion of an elaborate set of victim rights in the Statute of the International Criminal Court. This set of rights stands in stark contrast to the exclusion of the victim in the Neurenberg en Tokyo trials. It can be understood as the fruit of growing awareness of the responsibility of the world community for the protection of private besides collective interests against state violence regardless of national borders. It remains to be seen how these transposed rights, such as the right of reparation, will work out in the setting of the International Criminal Court and whether they will strengthen or weaken prosecution by the new, fledging international structures. A third implication of globalisation is the emergence of arrangements for liability for environmental damage across borders. Recent attention for the responsibility of Dutch companies and authorities for environmental damage caused in Africa by cargo departing from the Amsterdam port illustrates the emerging of new types of victims in the international legal arena. Still largely unchartered territory are the victimological dimensions of cyberspace, perhaps the most radical manifestation of globalisation. The weak roles of traditional national states as well as international structures in cyberspace may explain the absence of a discourse on victim protection in this domain so far but such discourse seems long overdue. The internationalisation of criminal law is in full swing and the emergence
9789400738966 940073896X Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays, international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union. In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By placing this issue in the framework of the human security concept, the authors draw out its broader political and normative implications. Theologist Ralf Bodelier explains how modern communication technologies have heightened sensitivities among the general public for human insecurities anywhere in the world. In his view, a new global conscience is in the making that may become the cornerstone of international solidarity and action. Marc Groenhuijsen and Rianne Letschert describe the emergence of national and international legal and institutional arrangements to offer remedies to victims of crime in an era of globalization. In part II a selection of experts analyse the specific issues surrounding the protection and empowerment of victims of different types of international crimes such as human trafficking, organised crime/corruption, terrorism, global corporate crime and cross border environmental crimes. In part III focused attention is given to the special challenges and opportunities of protecting and assisting crime victims in cyberspace. Part IV deals with emerging victim issues in humanitarian law such as the accountability of private military companies and the implementation of the ambitious victim provisions in the statute of the International Criminal Court including the establishment of a global fund for reparations. In the final part of the book some of its core authors formulate their ideas about the international institutional arrangements that should be put in place to offer justice to the victims of globalization. A concrete proposal is made for the transformation of the United Nations 1985 Declaration on the Principles of Justice for Victims of Crime and Abuse of Power into a full-fledged UN convention. In the final chapter further proposals are made for the increased involvement of regional organisations such as the European Union in the protection of victims of global crime., Globalization is changing the victimological agenda by generating new types of victims, raising awareness of global responsibilities for their protection and eroding the capacity of states to offer it. Examples are victims of transnational organised crime including human trafficking, victims of cyber crimes, terrorism and cross-border environmental crimes. The concept of human security has been introduced as an analytical tool to understand how growing international interdependencies produce a need to protect new categories of victims regardless of national borders. Whereas the concept of national security focuses at threats to the sovereignty of the national state, human security looks at threats to the sovereignty of individuals. In this context, the individual human being is not just defined in terms of vulnerabilities, but also of strengths and capabilities to act as agents of change (victim empowerment). New international arrangements to protect victims in the emerging global arena are under development. Several international treaties have been elaborated in recent years to address the new global security threats. Modern concepts about victim involvement from national criminal law have been transposed into new international criminal law. In many of the treaties, victims of crime have been given procedural rights, transposed from national criminal law (eg. the UN Convention on Transnational Organised Crime and its three protocols have incorporated several elements of the UN Victims Declaration of 1985). It remains to be seen how these individual or collective rights will work out in practice in trials against maffiatype organisations or companies engaging in corrupt practices. Developments at the global or UN level are replicated at the level of the European Union. Although the development of European criminal law is resisted by many member states, there are incremental trends nevertheless. The European Council s framework decisions on human trafficking and on victim rights and the directive on state compensation for victims of violent crime are important instances of victim protection in the framework of EU-based criminal law. The further development of such EU legislation on crime victims as well as its implementation can illustrate how state formation at the European level impacts on victim issues. A related recent trend is the growing attention for international humanitarian law and specifically for the procedural role of victims therein, eg. the inclusion of an elaborate set of victim rights in the Statute of the International Criminal Court. This set of rights stands in stark contrast to the exclusion of the victim in the Neurenberg en Tokyo trials. It can be understood as the fruit of growing awareness of the responsibility of the world community for the protection of private besides collective interests against state violence regardless of national borders. It remains to be seen how these transposed rights, such as the right of reparation, will work out in the setting of the International Criminal Court and whether they will strengthen or weaken prosecution by the new, fledging international structures. A third implication of globalisation is the emergence of arrangements for liability for environmental damage across borders. Recent attention for the responsibility of Dutch companies and authorities for environmental damage caused in Africa by cargo departing from the Amsterdam port illustrates the emerging of new types of victims in the international legal arena. Still largely unchartered territory are the victimological dimensions of cyberspace, perhaps the most radical manifestation of globalisation. The weak roles of traditional national states as well as international structures in cyberspace may explain the absence of a discourse on victim protection in this domain so far but such discourse seems long overdue. The internationalisation of criminal law is in full swing and the emergence