Jessica Almqvist is Researcher in the Human Rights Section, FRIDE and Adjunct Instructor, New School University, New York (FRIDE, ENE/06):
The fate of victims of violent acts contrary to international law stands in urgent need of serious attention in the Global Fight against Terrorism. The increasing number of demands for justice that have arisen as a result of the changing nature of the international crime of terrorism (highcasualty or ‘catastrophic’ terrorism) and the upsurge of national counterterrorism measures some of which are clearly at odds with international human rights and humanitarian law are putting pressure on national governments. At the moment, however, most of the global efforts for fighting terrorism focus on how to prevent terrorism; the way to tackle situations where these measures fail is an issue that has become marginalized. In particular, no comprehensive international approach has been developed for responding to the growing number of rightful claims for justice voiced by victims of international terrorism and wrongful counter-terrorism measures.
Instead of common engagement on how to build a forceful response to (mass) victimization resulting from extensive international law violations, international security and human rights communities have come to select and sympathize more easily with some categories of victims. Indeed, the current international politics of justice do not aim at universal recognition and respect for all victims, but instead legitimize ignorance and neglect of many victims; fail to offer safeguards against unfair or arbitrary treatment; and open the door for political instrumentalization and abuse of their demands for justice. In this sense, the present state of affairs risks alienating those who suffer most because of terrorist attacks and wrongful counter-terrorism measures (i.e. ‘secondary victimization’) from the ultimate goals pursued in the Global Fight against Terrorism of suppressing and eliminating the occurrence of this crime.
The present paper seeks to explain the need for a global response to the fate of victims based on the principle of equal concern and respect. Such a response assumes that all victims of violent acts contrary to international law (that is, of both international terrorism and wrongful counter-terrorism measures) have equal rights to recognition and justice. This approach is seen as having the potential of transcending political divides and as offering a vehicle towards a more affirmative, inclusive and fair implementation of the universal rights to recognition and justice in the context of global counter-terrorism initiatives. The paper reviews and criticizes existing international legal instruments and institutions for not having been able to offer a general definition of the term ‘victims’ or given sufficient consideration to the rights of both categories of victims in law and in practice. It also outlines a number of recommendations on how to curb the realities of non-recognition and ignorance of persons in their status as victims as well as unjustifiable inequalities in terms of treating these victims.
Leer artículo completo (PDF).