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The article focuses on reparations, as ordered by the International Criminal Court (ICC) against a convicted individual. It has long been orthodoxy that such measures fulfil solely compensatory objectives, for they lack any punitive intent. This article offers a rival account. An analysis of the respective regulatory and contextual framework reveals that, by design, reparations are allowed to pursue compensatory and punitive goals equally. An analysis of the reparations orders themselves affirms that, in practice, the ICC utilizes reparations as a means to accomplish compensatory and punitive objectives both. It is maintained that reparations orders are both remedial and punitive in nature. Ignoring this reality has a negative impact on individual prerogatives, and contradicts fundamental sentencing ideals of international criminal justice. It follows that the current reparations order regime should be reformed. The ICC should either explicitly acknowledge reparations as punishment, or detach them from criminal proceedings altogether.
After the 2023 Turkey earthquake, thousands of people evacuated to different fields. Earthquake victims still need health care in the evacuation location. This study aims to determine the emergency department (ED) and outpatient clinic utilization characteristics of the evacuated earthquake victims outside the earthquake zone and to provide suggestions for planning the health care facilities in the regions where the evacuated earthquake victims will be placed.
Methods:
This retrospective, observational study was conducted in a tertiary university hospital from February 7, 2023 through February 20, 2023. All evacuated earthquake victims who presented to the study hospital were included in the study. Non-victim patients were included as the control group. Missing medical records were excluded. Demographic characteristics of the patients, outpatient clinics, International Statistical Classification of Diseases and Related Health Problems-10th Revision (ICD-10) codes, and outcomes were recorded.
Results:
A total of 15,128 patients were included in the final analysis. Six-hundred-nine (4.0%) of the patients were evacuated victims. Three-hundred forty-six (56.8%) evacuated victims used the ED. One-hundred fifty-six (25.6%) earthquake victims were in the pediatric age group. Earthquake victims used the ED more than the control group in adult and pediatric age groups (22.5% versus 51.7% and 30.2% versus 71.8%; P <.001, respectively). Earthquake victims frequently presented to the hospital during night shifts in both age groups (P <.05). Pediatric victims were more hospitalized than the control group (4.8% versus 10.9%; P = .001). Diseases of the respiratory system were the most common emergency diagnosis of the victims in both age groups (26.5% and 57.1%, respectively). The most frequently used outpatient clinic was ophthalmology in both age groups (14.6% and 20.5%, respectively).
Conclusions:
Evacuated victims, especially pediatric victims, used the ED more than other outpatient clinics. Diseases of the respiratory system were the most common emergency diagnosis of the victims, and the most frequently preferred outpatient clinic was ophthalmology. The most common diseases and frequently preferred clinics should be considered in planning health care for the evacuated earthquake victims.
This chapter introduces the central research agenda, methodology, and scope of the book, centring the concept of grievance formation. Discussing the legal foundations and modalities of remedies in international law, the chapter poses the question of state remedial responsibilities in relation to the passage of time. This is a central question in the globally emerging discussions on whether states ought to remedy sterilisation or castration practices in their past. Furthermore, the chapter lays down the theoretical framework for the book’s use of the concept of grievance formation. As employed in social movement theory, this concept describes the process of people starting to address harmful experiences as common grievances. In this chapter, the concept is initially introduced into legal research by linking it with rights mobilisation: how victims of rights violations redefine traumatic experiences as individual or common grievances, rights violations, and legal harm to be remedied. As such, the concept offers a theoretical framework to understand how and why some victims of rights violations begin to conceptualise themselves as such and demand state responsibility, while others might not; why victims are publicly and institutionally recognised and redressed to different extents.
Ibrahim and Tabbert continue on the topic of victims with an exploration of a selected passage by Iraqi Kurdish poet Sherko Bekas’ The Small Mirrors. The authors employ the framework of Critical Stylistics (Jeffries 2010) that is particularly suited to detect ideological meaning in texts.
Investigating a fast-developing field of public policy, Stephen Winter examines how states redress injuries suffered by young people in state care. Considering ten illustrative exemplar programmes from Australia, Canada, Ireland, and Aotearoa New Zealand, Winter explores how redress programmes attempt to resolve the anguish, injustice, and legacies of trauma that survivors experience. Drawing from interviews with key stakeholders and a rich trove of documentary research, this book analyses how policymakers should navigate the trade-offs that survivors face between having their injuries acknowledged and the difficult, often retraumatising, experience of attaining redress. A timely critical engagement with this contentious policy domain, Winter presents empirically driven recommendations and a compelling argument for participatory, flexible, and survivor-focussed programmes. This title is also available as Open Access on Cambridge Core.
This chapter uses as a case study of the French National Railways (SNCF) and its multiple identities in German occupied France during World War II. During the war and the eight decades that followed, the SNCF has been storied multiple ways. The company perceived itself as a victim during the occupation, but for the first fifty years after the war was storied as a national hero because of the role some railway workers played in the resistance. Then, in the 1990s, the company found itself storied as a perpetrator for its role in transporting over 75,000 deportees crammed in merchandise cars towards concentration camps. Which identity is true? All of these positions can be argued without contorting history. Rather than trying to find the true story, this study considers these identity transformations as reflective of societal power shifts. Until we make the narrative framework behind the role ascription visible, we remain bound to cycles of intolerance and violence. The efforts of peacebuilding then involve increasing our comfort with overlapping roles.
Chapter 7 explores the labels associated with mental illness in more detail, specifically through naming analysis. I discuss prescribed forms for referring to people with mental illness (such as person-first language) and explore the frequency of such prescribed forms in the corpus. In addition, salient naming strategies in the corpus, particularly the labels ‘patient’, ‘sufferer’ and ‘victim’ are investigated. Using corpus evidence, I show that these labels are patterned to specific illness types. Furthermore, I argue that the tendency in the corpus to refer to people as quantities and statistics depersonalises people with mental illness. I argue that the ‘rhetoric of quantification’ (Fowler, 1991: 166) provides a way for the press to sensationalise news events related to mental illness which in turn constitutes the representation of mental illness as a ‘moral panic’ (Cohen, 1973).
Chapter 2, “The Killing Years,” explains the two-wave Nazi police genocide against the intelligentsia in 1939–1940, its fallout, and how these initial killing campaigns shaped the Nazi German occupation administration for Poland. German anti-intelligentsia campaigning was bloody but ultimately drove the resistance it attempted to thwart. The first campaign, codenamed Operation Tannenberg, was coordinated with the military campaign in 1939 but delayed in Warsaw because of the siege. Tannenberg went awry and was complicated by the circumstances of the invasion and incoming occupation. After Nazi Germany established a civilian occupation under general governor Hans Frank, Frank revived anti-intelligentsia killing with his new campaign, the Extraordinary Pacification Action (AB-Aktion). This campaign’s violence shocked Poles and provoked the resistance it was intended to achieve. This chapter argues that the two Nazi genocidal campaigns failed but shaped the nature of Nazi occupation administration, and encouraged the first violent Polish resistance in response.
Chapter 4, “The Warsaw Ghetto: A People Set Apart,” considers how Polish elites grappled with Jewish victimhood in their midst and differentiates between Nazi targeting of Polish elites and the better known targeting and murder of Polish Jews. It traces initial Nazi persecution of Warsaw’s Jewish community, ghettoization in 1940, persecution within the ghetto, and its liquidation to the death camp at Treblinka in 1942, and the outbreak of violent resistance in 1943. This is contextualized against Polish antisemitism before and during the war and particular Polish elite reactions to the developing Holocaust. A handful of intelligentsia figures who reacted strongly to antisemitic persecution in various ways demonstrate the complexity of Polish response to the Nazi Holocaust and how prewar and wartime antisemitism widened gulfs between ethnic Poles and the Polish-Jewish community. It argues that, because of a combination of targeted Nazi violence and native antisemitism, Polish elite response to Jewish persecution arose very late, typically only in 1943 with the outbreak of the ghetto uprisings, which captured the attention of resistance-minded Poles.
Forced displacement has been shown as a direct consequence of civil wars and armed confrontations, its effects on the victims are evidenced in the material, physical health and psychosocial effects (Mendoza, 2012; Pavas & Díaz, 2019; Ramos, 2018). It is common to identify in victims the presence of a post-offense emotional discomfort, which is recommended to work as a way of forgiveness for the achievement of personal restoration (Prieto & Echegoyen, 2015).
Objectives
For this reason, the results of the study are presented, which has aimed to analyze the relationship between personal restoration and feelings of guilt with victims of forced displacement in the Colombian Caribbean.
Methods
A correlational study has been carried out with a sample of 40 (n = 40) subjects of which 52.5% are men and 47.5% women, the mean age is 57.52 (σ = 13.591), all with a history of forced displacement; to the data collection has been used the CAPER instrument of Rosales, Rivera and Garcia (2017) (α = .592).
Results
There is a positive bilateral correlation between the variables studied (r = .000; p = .829), the greater the personal restoration, the greater the sense of guilt is also manifested.
Conclusions
For therapeutic work in personal restoration with victims of forced displacement, it is important to also include the feeling of guilt, which is presented as post-offense emotional distress.
Although much of society believes that the sexual aggressor is unknown to the victim, this is not supported by the literature. In most cases, the rapist is a known, former or current intimate partner of the victim or even a family member.
Objectives
189 persons accused of perpetrators of sexual crimes and who were subject to forensic psychiatric evaluation for the period from January 2010 to December 2019 in the territory of Central Northern Bulgaria were examined.
Methods
The current research uses sociological methods to gather information - interviews, observations, research of forensic and medical documents,
Results
In the study group, 62% of the victims were known to the perpetrator of the sexual crime, 11% were part of the nuclear family and 8% were members of the extended family of the perpetrator.
Investigations may be undertaken into mental healthcare related homicides to ascertain if lessons can be learned to prevent the chance of recurrence. Families of victims are variably involved in serious incident reviews. Their perspectives on the inquiry process have rarely been studied.
Aims
To explore the experiences of investigative processes from the perspectives of family members of homicide victims killed by a mental health patient to better inform the process of conducting inquiries.
Method
The study design was informed by interpretive description methodology. Semi-structured interviews were conducted with five families whose loved one had been killed by a mental health patient and where there had been a subsequent inquiry process in New Zealand. Data were analysed using an inductive approach.
Results
Families in this study felt excluded, marginalised and disempowered by mental health inquires. The data highlight these families’ perspectives, particularly on the importance of a clear process of inquiry, and of actions by healthcare providers that indicate restorative intent.
Conclusions
Families in this study were united in reporting that they felt excluded from mental health inquiries. We suggest that the inclusion of families’ perspectives should be a key consideration in the conduct of mental health inquiries. There may be benefit from inquiries that communicate a clear process of investigation that reflects restorative intent, acknowledges victims, provides appropriate apologies and gives families opportunities to contribute.
This chapter highlights the crucial function of gender at its intersection with race in discourse about slavery and abolition. It takes two case studies of ‘white slavery’, which received substantial press coverage: the enslavement of Circassian women as concubines in the Ottoman Empire and ‘the white slavery panic’ about sex trafficking in the US.
This chapter examines the myriad ways that authors subverted the post-bellum slavery narrative - employing, variously, Marxist ideas, pan-Africanism and non-racially motivated anti-imperialist rhetoric. It shows that the rhetorical processes through which slaves and slave owners had been othered were challenged and an alternative vision of anti-slavery was offered.
This chapter shows how nascent racially motivated imperialism led to the othering of the enslaved, both within the US as a tool of social control of labour, to justify immigration restrictions on so-called ‘coolies’, and also in order to position the nation alongside European powers in the colonial struggles for parts of the Middle East and Africa. The edges of the definition of slavery was fought over by those arguing that forced labour was the only valid way of eliciting productive labour from uncivilized natives.
Chapter 9 begins Part IV of the book, which analyses violence as a problem of impurity. This chapter focuses on what the grammar of impurity enabled biblical writers to say about the affront of violence. It draws on the ritual insights of Catherine Bell (via William Gilders), the metaphor theory insights of Joseph Lam, and the cognitive research of Thomas Kazen and Richard Beck. Psalm 106 describes the impure consequences of ‘mixing’ with the nations that Israel failed to expel from the land. Practices like child sacrifice polluted the land and people, and led to exile. Bloodshed, in this poetic retelling, disintegrated the sacred order that bound together Yhwh, the people, and the land. Isaiah 1 insists that entrance into Yhwh’s presence demanded social as well as ritual purity, and even suggests social means of ‘purifying’ from bloodshed. Lamentations 4 attributes exile to the bloodshed in the ‘midst’ of Jerusalem, and describes the people as those defiled among the nations. For Ezekiel, bloodshed was an affront to Yhwh’s name and sanctity in the land. Finally, according to Numbers 35, blood from homicides polluted the land. As such, it was a threat to the ongoing presence of Yhwh in the land.
Chapter 6 examines the outcry of the victim of violence. Understanding the formal or informal legal framework and ancient legal discourse around violence also helps us grasp with greater specificity the preoccupation among biblical writers with the ‘outcry’ of violence, the ‘violent witness’, and the receptivity of the responsible party (often Yhwh). These concerns each operate differently, but together highlight a central and driving concern with voicing – or revoicing – the otherwise unnoticed evil of violence, and setting it within a framework of appeal (usually prayer) to one with the capacity or responsibility to intervene and restore order. The preoccupation with verbal appeal via distress signals like the outcry highlight the fact that ancient Israel was not a legislative society. In other words, individuals did not, in the first place, appeal to laws for justice. While the Hebrew Bible does preserve legal codes, they were hardly ever the basis for judicial rulings. Instead, individuals had recourse to individuals who embody legal custom, and who, by community standards, act justly insofar as they fulfil their expected roles. This relational nature of justice meant that cries for justice to a judge or avenger were both morally driven and, to be effective, needed to be rhetorically persuasive.
Cybermentoring refers to virtual peer support in which young people themselves are trained as cybermentors and interact with those needing help and advice (cybermentees) online. This article describes the training in, and implementation of, a cross-national cybermentoring scheme, Beatbullying Europe, developed in the United Kingdom. It involved train-the-trainer workshops for partners and life mentors in six European countries (Italy, Spain, Portugal, Romania, Poland and the Czech Republic) in 2013–2014, followed by training sessions for pupil cybermentors aged 11–16 years. Although BeatBullying went into liquidation in November 2014, the project was largely completed. We (1) report an evaluation of the training of the life mentors and mentors, via questionnaire survey; and (2) discuss findings about the implementation of the scheme and its potential at a cross-national level, via partner interviews during and at the end of the project. The training was found to be highly rated in all respects, and in all six countries involved. The overall consensus from the data available is that there was a positive impact for the schools and professionals involved; some challenges encountered are discussed. The BeatBullying Europe project, despite being unfinished, was promising, and a similar approach deserves further support and evaluation in the future.
Most legal and juridical proceedings depend upon fixed positions with regards to human rights claims, especially where violations of rights are concerned, those of victims, perpetrators, witnesses, and sometimes, although to a lesser extent, beneficiaries. However, the social and political realities in which rights are embedded usually prove much murkier. For example, those who carry out atrocities one minute, might find themselves the object of state violence the next; witnesses who receive reparations or are able to sell their stories might seem like less innocent beneficiaries of the events of which they’ve given accounts, and a much broader notion of culpability calls into question the function or efficaciousness of identifying individual perpetrators. This chapter argues that literature is especially well-suited for evincing and elaborating such ambiguities and contradictions that inhere in the history and politics of human rights.
Most legal and juridical proceedings depend upon fixed positions with regards to human rights claims, especially where violations of rights are concerned, those of victims, perpetrators, witnesses, and sometimes, although to a lesser extent, beneficiaries. However, the social and political realities in which rights are embedded usually prove much murkier. For example, those who carry out atrocities one minute, might find themselves the object of state violence the next; witnesses who receive reparations or are able to sell their stories might seem like less innocent beneficiaries of the events of which they’ve given accounts, and a much broader notion of culpability calls into question the function or efficaciousness of identifying individual perpetrators. This chapter argues that literature is especially well-suited for evincing and elaborating such ambiguities and contradictions that inhere in the history and politics of human rights.