INTENATIONAL LAW OF VICTIMS

Part One The Victims and International Law 3

Some Previous Questions 3

The Approach of International Law to Victims 3

The International Norms Related to Victims 9

International Norms of a General or Universal Scope: United Nations 10

International Norms of a Regional Scope 17

Europe: The Council of Europe and the European Union 17

America: The Organization of American States (OAS) 33

References 37

The International Categories of Victims 39

The International Concept of Victim: Almost as Many Concepts of Victim as Categories of Victims 39

The Different International Categories of Victims 40

Victims of Crime 40

The General or Universal System of United Nations 40

The European Regional System: The Council of Europe and the European Union 42

Victims of Abuse of Power 43

Victims of Gross Violations of International Human Rights Law and Serious 44

Violations of International Humanitarian Law 44

Victims of Violations of International Criminal Law 45

The International Criminal Court (ICC) 48

The International Criminal Tribunals for the Former Yugoslavia and for Rwanda 51

Victims of Enforced Disappearance 52

The General or Universal System of United Nations 52

The American Regional System: The Organization of American States (OAS) 56

Victims of Trafficking 56

Victims of Terrorism 58

References 61

Special Reference to the Victims of Terrorism 63

Victims of Terrorism and International Law: From Ignorance to Recognition 63

The Concept of Victim of Terrorism 70

A Previous Question: The Concept of Terrorism 71

The Concept of Terrorism in the Frame of United Nations 73

The Concept of Terrorism in the Frame of the European Union 77

The Concept of Terrorism in the Frame of Other Regional Systems 79

Consequently, There Are Sufficient Elements to Build a Concept of Terrorism 80

The Lack of a Concept of "Victim of Terrorism": Proposals 82

The Proposal for a Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime: an inadequate response for victims of terrorism 83

The Need for a Specific International Norm on the Victims of Terrorism 86

References 87

The Existence of Common Elements in the Different Definitions of Victim 89

References 96

Part Two The Rights Recognized to Victims by International Norms 99

A Previous Question: The Legal Nature of Victims' Rights 99

The Legal Nature of Victims' Rights 99

Criteria for Determining the Attitude of the State and the Legal Effects of the Institutional Norm 111

Characteristics of the Rights of Victims Recognized by International Norms 120

The Majority Are Rights Already into Force in International Law of Human Rights 120

They Are Also Rights Which Are Interpreted by International Bodies Under International Treaties of Human Rights 123

They Are Rights That Are Interrelated and That Have Links Between Each Other 129

References 131

The Catalogue of Rights Afforded to Victims by International Norms 133

Right of Emergency Assistance 133

Right of Continuing Assistance 136

Right to Investigation and to Prosecution 138

Right to an Official Effective Investigation 143

The Role of Victims Regardless of Whether They Have Filed an Official Complaint or Not 150

Victims' Right to Ask for the Re-examination of the State's Decision Not to Take Action to Prosecute a Suspected Perpetrator of a Victimizer Act 153

The Right of Effective Access to the Law and to Justice 155

The Right to a Judicial Resolution Within a Reasonable Delay 174

Right to Reparation and Compensation 177

Right to the Protection of Private and Family Life 201

The Right to the Protection of the Dignity and Security 207

Right to Information 213

Right to the Specific Training for Persons Responsible for Assisting Victims 221

The Right to Truth 224

Right to Memory 233

Increased Protection 242

References 243

Conclusions 245

International Norms 257

Table of Cases 265

Bibliography 269