Victims of the crimes of genocide, war crimes and terrorist acts

• Pages: 34-43

Vol. 9 No. 1

March, 2023

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2410-3918

Acces online at www.iipccl.org

34

Victims of the crimes of genocide, war crimes and terrorist acts

Dr. Arta Mehmeti Ademi

Abstract

In the literature and legal acts of states and various international organizations, there are many

explanationsanddenitionsregardingthemeaningofvictim. 1

DenitionofvictimsforthepurposesoftheStatuteandtheRulesofProcedureandEvidence:

“Victims”meansnaturalpersonswhohavesueredharmasaresultofthecommissionofany

crime within the jurisdiction of the Court, victims may include organizations or institutions

that have sustained direct harm to any of their property which is dedicated to religion,

education, art or science or charitable purposes, and to their historic monuments, hospitals

and other places and objects for humanitarian purposes. 2

In the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

Adopted by General Assembly resolution 40/34 of 29 November 1985, Victims of crime,

“Victims”means persons who, individually or collectively, have suered harm, including

physicalor mentalinjury, emotionalsuering, economicloss orsubstantial impairmentof

their fundamental rights, through acts or omissions that are in violation of criminal laws

operative within Member States, including those laws proscribing criminal abuse of power.

A person may be considered a victim, under this Declaration, regardless of whether the

perpetratorisidentied,apprehended,prosecutedorconvictedandregardlessofthefamilial

relationshipbetweentheperpetrator andthevictim.Theterm “victim”alsoincludes,where

appropriate, the immediate family or dependants of the direct victim and persons who have

suered harm in intervening to assist victims in distress or to prevent victimization. The

provisions contained herein shall be applicable to all, without distinction of any kind, such as

race, colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs

or practices, property, birth or family status, ethnic or social origin, and disability. 3

When we talk about the victims of crimes against humanity, war crimes and terrorist acts,

we usually think of people who are victimized in the circumstances of the violation of basic

human rights and freedoms, which are related to the violation, violation and non-respect of

the norms of conventions, laws and international agreements. These victimizations occur

moreduringpoliticalconicts,duringlocalwars,duringtheruleofautocraticregimes,during

terroristactionsandotherconictsaroundtheworld. 4

Keywords: victims, crime of the genocide, war crimes, terrorists acts.

 1 Victimology, Dr.Ragip Halili, Pristina, 2007, pg.46.

 2 The Rules of Procedure and Evidence are reproduced from the Ocial Records of the Assembly

of States Parties to the Rome Statute of the International Criminal Court, First session, New York,

3-10 September 2002 (ICC-ASP/1/3 and Corr.1), part II.A. (International Criminal Court – faqja

zyrtare http://www.icc-cpi.int).

 3 Declaration of Basic Principles of Justice for Victims of Crime ... https://www.ohchr.org.

 4 Ibid, pg..82.