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