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Revista de la Facultad de Derecho
versão impressa ISSN 0797-8316versão On-line ISSN 2301-0665
Resumo
FARINELLA, Favio. Characteristics of victims of serious human rights violations. Rev. Fac. Der. [online]. 2022, n.54, e201. Epub 01-Dez-2022. ISSN 0797-8316. https://doi.org/10.22187/rfd2022n54a1.
The historical relationship between classical international law and the victims of international crimes was one of indifference. The first step forward took place in the twentieth century when certain international crimes were recognized. However, effective recognition will begin to take shape already in the 21st century with the entry into force of the International Criminal Court. Two antagonistic views collide in this century: that of classical and that of contemporary international law, the latter influenced by the paradigms of human rights and access to effective justice. This article investigates the change of status of the victims of international crimes, who from objects of protection become subjects of the law. We start from the post-conflict, to rethink, based on the special characteristics of international victims and the principles of complementarity and effectiveness of international tribunals, those tools that international law must apply so that all victims exercise their right to an integral reparation whilst it allows international criminal law to fulfil its dissuasive character.
Methods:
For that, we will apply a comparative and analytical methodology. We use reports from international organizations, national and international legislation and doctrinal studies. Content analysis will be used to analyse the collected data.
Results and Discussion:
The research aims to highlight the contexts of victimization in international crimes. This is useful in order to deepen the international subject nature of the victims so that they can exercise their right to an integral reparation. We describe certain peculiar characteristics of victims of international crimes that must be especially taken into account when deciding on reparation. As a consequence, first, the principle of complementarity must lead to the existence of effective national legislation that provides for comprehensive reparation to prevent the case from transcending to any international jurisdiction. Second, knowing the context of victimization is essential to ensure factual truth, memory and guarantees of non-recurrence.
Palavras-chave : international victims / international subjectivity / access to effective justice / integral reparation / non-recurrence.
