This book examines the international, regional and domestic human
rights frameworks that establish victim rights as a central force
in law and policy in the twenty-first century. Accessing
substantial source material that sets out a normative framework of
victim rights, this work argues that despite degrees of
convergence, victim rights are interpreted on the domestic level,
in accordance with the localised interests of victims and
individual states. The transition of the victim from peripheral to
central stakeholder of justice is demonstrated across various
adversarial, inquisitorial and hybrid systems in an international
context. Examining the standing of victims globally, this book
provides a comparative analysis of the role of the victim in the
International Criminal Court, the ad hoc tribunals leading to the
development of the International Criminal Tribunal for the former
Yugoslavia and the International Criminal Tribunal for Rwanda,
together with the Extraordinary Chambers of the Courts of Cambodia,
Special Panels of East Timor (Timor Leste), and the
Internationalised Panels in Kosovo. The instruments of the European
Parliament and Council of Europe, with the rulings of the European
Court of Justice, and the European Court of Human Rights,
interpreting the European Convention of Human Rights, are examined.
These instruments are further contextualised on the local, domestic
level of the inquisitorial systems of Germany and France, and mixed
systems of Sweden, Austria and the Netherlands, together with
common law systems including, England and Wales, Ireland, Scotland,
USA, Australia, Canada, New Zealand, India, South Africa, and the
hybrid systems of Japan and Brazil. This book organises the
authoritative instruments while advancing debate over the
positioning of the victim in law and policy, as influenced by
global trends in criminal justice, and will be of great interest to
scholars of international law, criminal law, victimology and
socio-legal studies.
General
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