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Belofte maakt schuld Nederlandse Spoorwegen en schadevergoeding voor overlevenden van WOII-transporten
Abstract
In november 2018 heeft de Nederlandse Spoorwegen (NS) beloofd om individuele schadevergoedingen uit te gaan betalen aan overlevenden en nabestaanden van transporten tijdens de Tweede Wereldoorlog. Na een advies van de speciaal opgerichte commissie heeft de NS de aanvraagprocedure voor schadevergoeding geopend. In dit artikel analyseren wij deze schadevergoeding van de NS aan de slachtoffers van de transporten tijdens de Tweede Wereldoorlog en gaan na in welke opzichten het lijden en het slachtofferschap van sommige slachtoffergroepen niet of onvoldoende erkend zijn. Daarbij vergelijken we de totstandkoming van de schadevergoedingsregeling en de procedure voor de vergoeding met bevindingen uit victimologisch onderzoek naar herstelmaatregelen.
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Genocide studies considers the accountability various of perpetrators, as well as the needs mass atrocity creates. The inclusion of market actors, however, remains marginalized. This article considers factors perpetuating this marginalization and its costs, arguing for greater inclusion of market actors in genocide-related discussions. Relegating the importance of these actors makes the field, not their role, tangential. To examine this intersection of business and genocide, this article introduces a contemporary conflict involving the United States and France over the French National Railways (SNCF) and its role in the transport of deportees towards death camps during World War II. The lengthy, vitriolic conflict suggests the need for better discursive spaces to explore the complex role of market actors. Developing the intersection of genocide studies and corporate social responsibility in scholarship and increasing the participation of businesses in post-conflict work can help do this work.
Reparations are often declared victim-centred, but in transitional societies defining who is a victim and eligible for reparations
can be politically charged and controversial. The messy reality of conflict means that perpetrators and victims do not always
fall into two separate categories. In certain circumstances, perpetrators can be victimized and victims can be responsible
for victimizing others – this article explores these complex victims. Looking in particular at the 1993 Shankill bombing in
Northern Ireland, as well as at Colombia and Peru, such victims are often seen as ‘guilty’ or ‘bad’ victims undeserving of
reparations. I argue that complex victims need to be included in reparation mechanisms to ensure accountability and to prevent
their exclusion becoming a source of victimization and future violence. I consider the alternative avenues of human rights
courts, development aid, services and community reparations to navigate complex identities of victim–perpetrators. I conclude
that complex identities can be accommodated in transitional societies’ reparation programmes through nuanced rules of eligibility
and forms of reparations.
What kinds of politics are (re)produced when a transitional justice expert seeks out the victim, elects to rescue him from his marginality, categorizes him and represents him on the world stage? More specifically, given the fact that transitional justice experts legitimize their existence on the basis of speaking about and for victims, is it ever possible for the expert to exercise ‘responsibility’ to the victim's story in ways that contribute to the genuine empowerment of the victim? The main aim of this contribution is to make some tentative remarks on how, and what kind of, victims are ‘produced’ by the transitional justice industry. In the first section I make some generalized observations regarding the political subjectivity of victims produced when transitional justice experts speak about and for victims. In the second section I then look at how Khulumani Support Group, a South African-based social movement of over 55,000 members, has negotiated the contradictions brought about by the transitional justice industry and its representations – in a sense of speaking both about and for victims. I conclude that since ‘the story’ is the main point of encounter between the authoritative expert and the marginalized victim, ‘responsibility to the story’ should mean more than being nice to victims or adhering to rigorous scientific and ethical standards; it should also, if not principally, be about redistribution of resources and power. In exercising responsibility to the story experts need to dismantle trusteeship and reproduction of colonial relations.
This article provides a better understanding of victims’ individual-level agency and their differences in terms of transitional justice preferences and capabilities by inquiring into intra-organizational conflict. While it is primarily conceptual, it combines secondary literature with case study material from Colombia and Panama, converging on Latin America as a geographical area and the crime of forced disappearance. Tracing the evolution of the 2004/2005 fragmentation of the Colombian Association of Relatives of Detained Disappeared Persons, it argues that victims’ collective action and perceived homogeneity is a performance that builds on much internal negotiation between members. When deliberations have clear winners, they end in adjustments of the mission statement of the group, purges and voluntary member withdrawal, but fragmentations result from situations where the leaders of opposing coalitions are evenly matched and their proposals equally engaging to peers.
Literature on transitional justice and victimology show an interest in how courts and laws define victimhood and how such definitions shape victim participation, with hierarchies of suffering as the result. In this chapter, I move beyond the legalistic perspective on the politics of victimhood. I question how organised victims construct victimhood for political and social purposes. I demonstrate that organised victims in Peru constructed a sense of similarity and difference by means of a categorical repertoire based on single victim categories, and by means of an organisational repertoire based on generational issues. I conclude that the inclusion of relationships between social organisations as integrated elements into transitional justice research is important for enhancing the understanding of the successes of civil society and transitional justice mechanisms.
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This article examines how victimhood is constructed on a daily basis in postconflict Peru. It seeks to advance the empirical study of the politics of victimhood and analyzes how external modes of identification of Peruvian victim-survivors influence the self-identification processes and the collective action strategies of organized victim-survivors. The article shows that the uses of the notion of victimhood influence the degree to which victim-survivors receive legal, political and social recognition, as well as the degree to which their role as active citizens with an ability to vocalize and represent their claims is accepted. The overall argument is that deconstructing the side effects of transitional justice interventions on relationships between social organizations is important for enhancing understanding of the possibilities and constraints of civil society organizations to raise awareness regarding human rights violations.
Truth is the cornerstone of the rule of law, and it will point towards individuals, not peoples, as perpetrators of war crimes. And it is only the truth that can cleanse the ethnic and religious hatreds and begin the healing process. Madeleine Albright, 1993, While there are various means to achieve an historic record of abuses after a war, the most authoritative rendering is possible only through the crucible of a trial that accords full due process. Michael Scharf, 1997: We are forced to live together … Because of that we are all pretending to be nice and to love each other. But, it is known that I hate them and they hate me. It will be like that forever. Mostar resident, 2001: I don't understand this word “reconciliation.” I can't reconcile with people, even if they are in prison … If a person comes to ask my forgiveness, I will pardon him after he has resuscitated the members of my family that he killed! Genocide survivor, Rwanda, 2002: Since the fall of the Berlin Wall in 1989, the world has experienced an upsurge of intrastate wars rooted in ethnic and religious differences. From the highlands of Central America to the islands of South-east Asia, whole societies have been torn asunder by violence so virulent and fierce it has turned community against community, neighbor against neighbor.
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
Research on the (promised) effects of transitional justice efforts on victims of civil conflicts remains rare. This article seeks to advance the field of research in two ways. First, this article focuses on how Peruvian victimhood became politicized as a consequence of a promised transitional justice mechanism: the Peruvian reparation program. Second, by highlighting the diverse motivations of members of grassroots victims' organizations, it brings to the fore important lessons on the successes and challenges of this transitional justice mechanism.
- García-Godos
García-Godos, International Journal of Transitional Justice 2016, p. 350-358.
- Rudling
Rudling, International Journal of Transitional Justice 2019;
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