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International Recognition of Victims' Rights
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2006
Year
Regional Human Rights SystemsInternational RecognitionConstitutional LawLawHumanitarian LawCriminal LawInternational CrimesInternational CourtSocial SciencesPrivate International LawInternational Criminal LawCrime Against HumanityHuman RightsInternational Criminal CourtsInternational LawHuman Rights LawInternational Humanitarian LawPublic International LawWar CrimeAfrican Human RightsGross ViolationsInternational OrganizationInternational Criminal PracticeSerious ViolationsSocial Justice
The United Nations and other international courts have progressively recognized victims’ rights, culminating in the 2006 Basic Principles and Guidelines, which serve as an international bill of rights for victims of gross violations of human rights and humanitarian law. This article retraces the historic development of victims’ rights, focusing on the adoption and negotiation of the 2006 Principles within domestic and international legal systems. The centerpiece of the article is a detailed commentary on the 2006 Principles. Although the Principles were hard‑fought to adopt, their implementation at national and international levels still faces many obstacles.
Since its inception, the United Nations has adopted two General Assembly resolutions dealing with the rights of victims: the 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the 2006 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. The focus of the former was on victims of domestic crimes, while that of the latter is on victims of international crimes; more particularly, gross violations of international human rights law and serious violations of international humanitarian law. The 2006 Principles are, for all practical purposes, an international bill of rights of victims. Their adoption has been hard-fought, but their implementation both at the national and international levels is sure to still face many obstacles. Parallel to this historic development have been decisions by the European Court of Human Rights and the Inter-American Court of Human Rights, as well as provisions in the statute of the International Criminal Court (ICC), giving standing to victims in ICC proceedings, but also certain rights of compensation. These parallel developments, as well as others within domestic legal systems, evidence a wide movement towards the recognition of the rights of victims of crime, whether domestic or international, or gross violations of human rights. This article re-traces the historic origin of victims' rights in domestic and international legal systems, focusing particularly on the adoption of the two international instruments mentioned above, and more particularly on the negotiating history of the 2006 Principles. A detailed commentary of these Principles constitutes the centerpiece of this article.