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About the AuthorsDr. Suzan van der Aa (LL.M.) studied (criminal) law at Tilburg University.Since 1 September 2005, she has worked as a PhD Researcher at the InternationalVictimology Institute Tilburg (INTERVICT). The topic of her thesis is “stalking inthe Netherlands.” Furthermore, she is researcher in several EU funded projects onvictims of crime in general and violence against women. As of June 2010, she willcontinue her work at INTERVICT as Assistant Professor.Ralf Bodelier (LL.M.) obtained a bachelor’s degree in history at Fontys Universityof Applied Sciences, and a master’s degree in theology at Tilburg University. Fortwelve years he lectured at The Academy for Journalism in his hometown Tilburg.He worked as a foreign correspondent in Africa and Eastern Europe for Dutch publicradio and various national newspapers. Bodelier published seven books in Dutchand one in English: Cosmopolitans in 2008. Currently he runs a discussion centeron global issues, and a small-scale publishing house.Dr. Anne-Marie de Brouwer is Associate Professor of (International) CriminalLaw at the Department of Criminal Law of Tilburg University, the Netherlands,and Senior Research Fellow at the International Victimology Institute Tilburg(INTERVICT). Previously, she was Associate Legal Officer at the Women’sInitiatives for Gender Justice in The Hague. She is Chair of the MukomezeFoundation, which aims to improve the lives of women and girls who survivedsexual violence during the Rwandan genocide.Professor Dr. Jan van Dijk was Director of the Research and DocumentationCentre of the Dutch Ministry of Justice. Between 1998 and 2005 he worked for theUnited Nations in Vienna and Turin. He acted as President of the World Society ofVictimology between 1997 and 2000. In 2008 he received the Sellin-Glueck Awardof the American Society of Criminology for his lifelong contribution to internationalcriminology and victimology. He currently holds the Pieter van Vollenhoven chairin victimology and human security at Tilburg University (the Netherlands).Professor Dr. Willem van Genugten studied law and philosophy at NijmegenUniversity in the Netherlands. He graduated with distinction and cum laude respectively. He is currently Professor of International Law at Tilburg University, thexi

xiiAbout the AuthorsNetherlands; Visiting Professor at Minnesota Law School (annually since 2000);Extraordinary Professor of International Law, North-West University, South Africa;chair of the Standing Committee on Human Rights of the Dutch Government; member of the ILA Committee on the Rights of Indigenous Peoples, and Senior ResearchFellow at INTERVICT.Professor Dr. Marc Groenhuijsen is Professor of Criminal Law, CriminalProcedure and Victimology at Tilburg University in the Netherlands. In 2005,he became the Founding Director of INTERVICT, the International VictimologyInstitute Tilburg. He has published widely on various victims’ issues. Since 2009, heis President of the World Society of Victimology, member of the Board of Directorsof the International Organization for Victim Assistance, and member of the Board ofDirectors of the International Society for Criminology. He also serves as a part-timejudge in the Court of Appeal in Arnhem.Marie-Jose van der Heijden (LL.M, M.Phil) is Junior Legal Researcher andLecturer at Tilburg University. She holds master’s degrees in law and philosophy.She is writing her PhD thesis on “Transnational Corporations and Human RightsLiabilities: linking standards of public international law to Dutch civil litigation procedures.” In 2009, she was Research Associate of the Centre for Commercial LawStudies at Queen Mary, University of London. Her interests are in the areas of international economic law, including investment law; corporate social responsibility;self-regulation; and commercial litigation.Dr. Nicola Jägers is Associate Professor at the department of European andInternational Law, Tilburg University in the Netherlands. She holds a master’sdegree both in history and law and obtained her PhD at the Netherlands Instituteof Human Rights (SIM) in 2002. The dissertation was published as a book entitled Corporate Human Rights Obligations: in search of accountability (Intersentia,2002). She has published numerous articles and book contributions notably on theissue of corporate responsibility and the position of other non-state actors such asNGOs in international (human rights) law. Currently she is Executive Editor of theNetherlands Quarterly of Human Rights, and a member of the board of the Centreof Research on Multinational Corporations. She is also on the board of the DutchSchool of Human Rights Research and the Dutch branch of the International LawAssociation.Professor Dr. Bert-Jaap Koops is Professor of Regulation & Technology at theTilburg Institute for Law, Technology, and Society (TILT), and Senior ResearchFellow at the International Victimology Institute Tilburg (INTERVICT). From2005-2010, he was a member of De Jonge Akademie, a young-researcher branch ofthe Royal Netherlands Academy of Arts and Sciences. His main research interestsare cybercrime, cyber investigation, DNA forensics, privacy, data protection, identity, digital constitutional rights, code as law, human enhancement, and regulationof bio- and nanotechnologies.

About the AuthorsxiiiDr. Steve Kuchta is Researcher of Human Security/Environmental Justice atINTERVICT, Tilburg University, the Netherlands, and Doctoral Candidate ofEconomics at the University of Connecticut, USA. His main research interestsare environmental justice and environmental rights, and their intersections witheconomic rights, environmental law, and access to remedies in environmentalgrievances. He also works on the economic implications of regulatory frameworksin pharmaceuticals and intellectual property rights.Dr. Rianne Letschert is Deputy Director of the International VictimologyInstitute Tilburg (INTERVICT) and Associate Professor of International Law andVictimology. She is appointed member of the Netherlands Helsinki Committee, andEditor of the journal Security and Human Rights. In 2010, she was Research Fellowat the Lauterpacht Centre for International Law of Cambridge University (UK). Herlatest book publication was on victims of terrorism (with Staiger and Pemberton,Springer, 2009). Furthermore, she co-edited a volume on developing victimologicalapproaches to international crimes (Intersentia, 2010).Dr. Nicole van der Meulen received both her bachelor of arts and her master ofscience degree in political science with a specific focus on international relationsand comparative politics. After the completion of her degrees, Van der Meulen commenced her PhD dissertation research on financial identity theft in the United Statesand the Netherlands. Besides her dissertation research, Van der Meulen has alsocompleted project research for the National Infrastructure Cyber Crime (NICC) andthe Future of Identity in the Information Society (FIDIS), which is a Network ofExcellence (NoE) supported by the European Union.Dr. Antony Pemberton is Senior Researcher and Research Coordinator atthe International Victimology Institute (INTERVICT) of Tilburg University.Dr. Pemberton is a social scientist, whose main research interests include thepsychology of victims in the criminal justice system, interdisciplinary researchinto victim-related justice processes and issues concerning victims of internationalcrimes. Dr. Pemberton, in cooperation with Dr. Rianne Letschert, developed and wassteering group coordinator of the Developing Assistance to Victims of Terrorismproject which INTERVICT and partners undertook on behalf of the EuropeanCommission. The project resulted in the recent Springer publication AssistingVictims of Terrorism and his chapter draws heavily on the research conducted asa part of this project.Professor Dr. Corien Prins holds a degree in law as well as Slavic languagesand literature from Leiden University, the Netherlands. Currently, she is Professorof Law and Informatization at Tilburg University with the Institute for Law,Technology, and Society (TILT). She combines this position with being a memberof the Dutch Scientific Council for Government Policy (WRR) in The Hague. Sheheaded the TILT research institute from 1996 until 2008. Prins is a member of theRoyal Netherlands Academy of Arts and Sciences (KNAW) and Senior ResearchFellow at INTERVICT.

xivAbout the AuthorsDr. Conny Rijken is Associate Professor at Tilburg University and Senior ResearchFellow at INTERVICT. Dr. Rijken is specialized in the fields of European CriminalLaw and trafficking in human beings, and has published widely on these subjects. These include the book Trafficking in Persons, Prosecution from a EuropeanPerspective (Asser, 2003). Besides teaching both undergraduate and postgraduatecourses, she has been intimately involved in research in the international arena.Some of her more notable recent assignments include the establishment of JointInvestigation Teams, raising awareness in the Judiciary on Trafficking in HumanBeings, and the certification of the prostitution sector in the Netherlands. Currentlyshe is conducting research for the European Commission on combating THB forlabour exploitation.Professor Dr. Renée Römkens is Professor of Interpersonal Violence, notably violence in the private domain. She has a BA in law, an MA in criminology (RadboudUniversity Nijmegen, 1980) and a PhD in psychology (with honors). Between 2000and 2005 her academic career was based in the United States (Visiting Fellow atNew York University Law School/Program of Global Law, Visiting Professor atColumbia University of New York – Institute for Research on Women and Gender).Her work focuses on socio-legal issues regarding victimization, gender, multiculturalism. Her theoretical work addresses the role of law, more specifically the role ofthe criminal legal system when addressing victimization in the private domain, andon the dilemmas and unintended consequences that are invoked when calling uponlaw to counteract violence against women and children.Professor Dr. Jonathan Verschuuren is Professor of International and EuropeanEnvironmental Law at Tilburg Law School. He currently serves as the Vice Dean.Verschuuren is also a faculty member of INTERVICT and the Tilburg SustainabilityCenter, and Honorary Professor at North-West University, South Africa. Hisresearch focuses on the interplay between international, regional, and national environmental law on such topical issues as climate change, biodiversity, and watermanagement.Professor Dr. Jo-Anne Wemmers obtained her PhD from the University of Leiden(the Netherlands). Presently, she is a Professor at the School of Criminology ofthe Université de Montréal (Canada) as well as Head of the Research GroupVictimology and Restorative Justice at the International Centre for ComparativeCriminology. Professor Wemmers has published many articles and books in the areaof victimology, including Introduction à la victimologie (Les Presses de l’Universitéde Montréal) and Victims in the Criminal Justice System (Kugler Publications).Former Secretary General of the World Society of Victimology, she is currentlyEditor of the International Review of Victimology as well the Journal internationalde victimologie.

Part IIntroductions and Overviews

Chapter 1New Faces of Victimhood: Reflectionson the Unjust Sides of GlobalizationRianne Letschert and Jan van Dijk1.1 IntroductionIn the UN Secretary-General’s report endorsing the findings of the High-level Panelon Threats, Challenges, and Change, six key security challenges are listed as theforemost challenges of the contemporary age. These are: economic and socialthreats, including poverty, infectious disease, and environmental degradation; interstate conflict; internal conflict, including civil war, genocide, and other large-scaleatrocities; nuclear, radiological, chemical, and biological weapons; terrorism; and,last but not least, transnational organized crime. The panel concluded that now“threats are from non-State actors as well as States, and to human security as wellas State security.”1The newly coined umbrella concept of human security stresses the need ofputting the interests of people rather than of states in the center of attention andit highlights the interrelationships between the threats to personal security such asby global crimes and other security risks such as those of extreme poverty or health.The individual human being is not only defined in terms of his or her vulnerabilities,but also as a person that should be empowered to fend for him or herself. A centralfeature of the debate on human security is the call for preventive or remedial actionfrom the world community against all kinds of threats to the core of people’s lives(“responsibility to protect”).2According to the victims’ movement, criminal justice systems across the worldshould serve the interests of those directly harmed by crime besides or even beforeR. Letschert (B)International Victimology Institute (INTERVICT), Tilburg University, 5000 LE Tilburg,The Netherlandse-mail: R.M.Letschert@uvt.nl1 UnitedNations (2004). A More Secure World: Our Shared Responsibility, Report of the Highlevel Panel on Threats, Challenges, and Change, p. 15, Available through http://www.un.org/secureworld/report.pdf.2 It goes beyond the scope of this chapter to synthesize the many discussions relating to this concept. For critiques on the usefulness of the concept in providing a basis for substantive change ofthe system of international security, we refer to a recent contribution by Ryerson Christie (2010).3R. Letschert, J. van Dijk (eds.), The New Faces of Victimhood, Studies in GlobalC Springer Science Business Media B.V. 2011Justice 8, DOI 10.1007/978-90-481-9020-1 1,

4R. Letschert and J. van Dijkthose of the state. From this perspective, key victim-centered functions of criminaljustice are access to justice, information, recognition and reparation. Furthermore,victims are entitled to social support to be reinstored into their former life. Over thepast 20 years the victims’ movement has had considerable impact on policy. On 15November 2006, Queen Elizabeth of the United Kingdom, for example, announcedin her annual speech to Parliament: “My government will put victims at the heart ofthe criminal justice system.”3 In the same year the Dutch Minister of Justice issueda white paper on the implementation of his victim policies called “Victims in theCenter.”A landmark for the global reform movement was the United Nations Declarationon the Basic Principles of Justice for Victims of Crime and Abuse of Poweradopted by the UN General Assembly in 1985. In this document the rights andinterests of victims of abuse of power were only marginally addressed. This omission was corrected by the subsequent Guidelines on the Right to a Remedy andReparation for Victims of Gross Violations of International Human Rights Law andSerious Violations of International Humanitarian Law adopted in 2005 by the UNCommission on Human Rights. Together these two documents have set the globalstandard for the treatment of victims in national and emerging international criminallaw. They could be seen as important operationalizations of the concept of humansecurity in the domain of criminal justice. Improvements in procedural rights ofcrime victims are embedded in the legal traditions and structures of domestic criminal justice systems. Where domestic arrangements of criminal justice are replacedor supplemented by international criminal law, existing provisions for crime victimsmust be transferred to these new settings.In the meantime, globalization is changing the landscape of both crime and criminal justice. Crime is rapidly being internationalized. The increasingly internationalnature of many forms of crime poses a major challenge to domestically orientedsystems of criminal justice. Inadequate arrangements for judicial cooperation allowperpetrators of global crimes to escape prosecution. The failure to bring transnational perpetrators of crime to justice leaves victims of such crimes without legalrecourse. If such crimes are brought before a court, rights of victims are logisticallydifficult to enforce. On the positive side, international criminal law is expanding andprovisions for victims are no longer overlooked. The United Nations, for example,has instituted international funds for victims of torture and is currently discussingthe creation of a fund for victims of terrorism, and the International Criminal Courthas set up a Trust Fund for victims of international crimes. Numerous internationalNGOs struggle to offer relief and support for a broad range of crime victims suchas those of human trafficking or victims of international crimes. In this book wewill bring into focus these and other, often contradictory, implications of globalization for the protection and support provided to victims of crime across the world.The leading theme is the relationship between processes of globalization, emerging3 Cited in: Hall, M. (2009). Victims of Crime; Policy and Practice in Criminal Justice, Cullompton,Willan Publishing.

1New Faces of Victimhood: Reflections on the Unjust Sides of Globalization5threats to human security and the development of new national and internationalarrangements to protect and empower actual victims.1.2 Defining GlobalizationGlobalization is a complex phenomenon that takes many different forms. It is farfrom a recent phenomenon and is therefore difficult to pinpoint in time.4 Academicanalyses and social movements against globalization started in the last decade ofthe twentieth century. For the purpose of this book it is defined as the growinginterconnectedness of communities across the world resulting in interdependenciesbetween actors operating at long distances from each other in multiple spheres oflife.5Globalization has in recent decades had two main material drivers. New techniques of communication from computing to satellites have made informationavailable across the globe almost instantaneously, with cyberspace as its most dramatic manifestation. Parallel to this, new forms of mass transportation such as highspeed trains and budget airlines have facilitated cross-border mobility of people.These factors have reinforced each other. Together they acted as catalysts of political transformations such as the fragmentation of the global communist bloc and theemergence of a multi-polar world order. Within Europe, opportunities for legal orillegal cross-border travel between the East and the West have expanded. Within theEuropean Union border controls have practically been abolished for residents of theMember States. These processes have created new opportunities for entrepreneurialcriminals who can now with slightly adjusted modus operandi prey upon potentialvictims outside their home states. Organized crime groups can more easily than everbranch out to new hunting grounds: “The World is yours, select your country, Tony,”says a lead character in a TV series about the life of a mafia group in New Jersey.6Since criminal justice systems are still largely organized within the framework ofthe territorially restricted nation state, internationally operating criminals can oftenvictimize world citizens with near impunity.Globalization is not just a matter of improved means of communication and thelifting of borders. It has gone hand in hand with neo-liberal ideologies propagating4 Beitz,C.R. (2005). Cosmopolitanism and Global Justice, The Journal of Ethics, 9, 11–27, notesas follows: ‘First, one should not think of globalization as a development peculiar to the latetwentieth century. However it is measur

Elizabeth Ashford, University of St. Andrews, U.K. Gillian Brock, University of Auckland, New Zealand Simon Caney, Oxford University, U.K. Michael Doyle, Columbia University, U.S.A. . Discussions of global justice are not limited to the fields of political philosophy and political theory. In fact, research concerning global justice quite .