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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.
The International Criminal Court seeks to end impunity for the world’s worst crimes, in order to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC, through its expressive function, is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims and it does not necessarily correspond with affected populations view justice priorities. The book concludes that justice for the world’s worst crimes has no “universal formula” that can easily be captured in law.
The International Criminal Court seeks to end impunity for the world’s worst crimes, in order to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC, through its expressive function, is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims and it does not necessarily correspond with affected populations view justice priorities. The book concludes that justice for the world’s worst crimes has no “universal formula” that can easily be captured in law.
Chapter 5 analyses the impact of the ICC on peace negotiations in Colombia and Uganda, including impact of the ICC (and the role of the Prosecutor) on the process of negotiations, on the role of the parties, on victims, and on the content of peace agreements arising from these negotiations (including the Ugandan Agreement on Accountability and Reconciliation and the Legal Framework for Peace and Havana Peace Agreement in Colombia). The chapter concludes that there was a transformative effect in peace processes in Colombia and Uganda. These agreements adopted accountability provisions. However, they provided for alternative penalties for perpetrators rather than lengthy prison terms. They incorporated the views of victims into negotiations and allowed for various victim-oriented mechanisms in the agreements. In Uganda, however, unlike in Colombia, the final peace agreement was never fully implemented. The Colombian agreement may set new standards on how peace agreements may approach the balance between peace and justice in the future.
The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.
During a major earthquake, escape attempts or collapsed buildings can result in injury, disability, and even death for victims. The aim of this study is to examine the demographic characteristics, clinical outcomes, and injuries of victims admitted to the emergency department within the first week after an earthquake.
Methods:
This is a retrospective observational study conducted on earthquake victims who were admitted to the emergency services of a tertiary medical faculty and a training and research hospital in the city of Diyarbakir, located in the Southeastern Anatolia Region of Turkey, from February 6 through February 12, 2023.
Results:
Of the eligible 662 earthquake victims, the mean age was 10.66 (SD = 4.78 [min 0, max 17]) in children, 36.87 (SD = 4.78 [min 18, max 63]) in adults, and 72.85 (SD = 5.83 [min 65, max 84]) in the elderly. Women constituted 52.8% of the victims, 19.7% were children, and 8.0% were elderly. Sixty-one percent (61.0%) of earthquake victims were admitted to emergency services in the first three days following the disaster; 37.7% of all victims were transferred from other affected cities to Diyarbakır. In all, 80.2% of the victims were admitted as survivors to the emergency services (36.8% were rescued under rubble, 40.1% with injuries while attempting to escape the earthquake, and 3.3% with nontraumatic reasons) and 19.8% were deceased under rubble. The majority of the 131 deceased victims were women (52.7%), 20.6% were children, and 7.6% were elderly. An estimated 38.3% of victims were hospitalized (20.9% in the ward and 17.4% in the intensive care unit [ICU]). For all age groups that survived under the rubble, the extremities were most injured (53.6% for children, 53.1% for adults, and 55.5% for the elderly). Of adult survivors, 26.6% needed only fluid therapy, renal replacement treatment (hemodialysis) was required 20.7%, and 11.8% required amputation. Of children survivors under the rubble, renal replacement treatment (hemodialysis) was required for only four, seven required amputation, and 12 needed only fluid resuscitation for crush injury. Of elderly survivors, two needed only fluid therapy, renal replacement treatment (hemodialysis) was required for two, and no amputation was required. Six patients survived under the rubble and died in the ICU.
Conclusion:
The definition of the demographic characteristics and clinical outcomes of earthquake patients is critical to the development of preparedness, response, and recovery policies for future disasters.
Edited by
Masum Khwaja, Imperial College of Science, Technology and Medicine, London,Peter Tyrer, Imperial College of Science, Technology and Medicine, London
This chapter discusses information-sharing, including with victims of crime committed by persons with mental disorders. In general, a patient’s treatment is confidential and, unless the patient consents to information being shared, this limits the information that can be disclosed. However, information about a patient can be disclosed to a third party such as a victim if other statutes, such as the Domestic Violence and Mental Health Acts, permit this. Information can also be disclosed if another person is at risk of harm if the information is not disclosed. Furthermore, the victims of specific violent and sexual offences have certain rights to information about the offender. This includes offenders subject to the MHA and detained in hospital or subject to compulsion in the community. Patients can be victims as well as perpetrators of crime, and professionals working in health, social care and the justice system require a robust understanding of when to share confidential information. The first half of the chapter provides information on relevant legislation and guidance to be considered when sharing information about patients in general. The second half is focused on legislation and guidance on information sharing by organisations supporting victims of crimes committed by mentally disordered offenders.
This chapter introduces the first framing contest under examination in the book: victims versus perpetrators. The chapter starts with the story of Diana, who joined the FARC to escape abusive stepbrothers, only to fall into an abusive relationship with a commander, whom she later fled. Diana never enrolled in a government reintegration program, and after the peace process, she was welcomed back into the FARC reintegration in order to receive benefits. However, she did not stay long, soon leaving to take her chances in Bogotá, where she could be anonymous and not expose her children to what she saw as toxic rhetoric in the FARC camp. This chapter examines three key components that build resonance in the guerrillas’ victimhood frame: the campesino identity, gendered victimhood, and the concept of self-defense. Using supporting quotes and stories from the other 112 interviews, this chapter examines in detail the guerrilla frame of victimhood in Colombia, illustrating how collective victimhood works as a cohesive force to keep members inside the group and is especially effective at convincing women that they have nowhere else to go.
This article explores emotional harm in the context of the criminalization of HIV nondisclosure in Canada. With the exception of Matthew Weait in the United Kingdom, few scholars have examined what harm means in cases of HIV nondisclosure. We conceptualize the harm that follows nondisclosure as an affective response to the “HIV positive Other” and argue that law creates a legal norm about what harm is and feels like in cases of HIV nondisclosure when there is no clear consensus about how harm should be defined. Mobilizing the sociology of emotions literature, we contend that criminalizing HIV nondisclosure engages affective, moral, and criminal censure to regulate the behaviours of people living with HIV/AIDS (PLWH), thus reproducing HIV stigma and propagating emotional harm for PLWH. Canada’s response to HIV nondisclosure should instead involve a transformative justice approach that avoids the harm of criminalization and imprisonment while recognizing the emotional harm experienced by complainants.
In this chapter, the author examines clinical psychological, traumatic developmental, and sociocultural perspectives of a serial murder. This includes media dynamics and feminist perspectives. The author discusses malingering, or the faking of mental illness. The case of female serial killer (FSK) Aileen Wuornos is revisited to illustrate clinical psychological issues. The cases of male serial killers (MSKs) Ronald Dominique and Dennis Rader (BTK Strangler) highlight phenomena from the chapter.