1. The United Nations General Assembly, in its resolution 64/168, adopted on 18 December 2009, urged “relevant United Nations bodies and entities and international, regional and subregional organizations, including the United Nations Office on Drugs and Crime, within its mandate related to the prevention and suppression of terrorism, to step up their efforts to provide, upon request, technical assistance for building the capacity of Member States in the development and implementation of programmes of assistance and support for victims of terrorism in accordance with relevant national legislation.”
2. The Terrorism Prevention Branch (TPB) and the Justice Section (JS) of the United Nations Office on Drugs and Crime (UNODC) jointly convened two Expert Group Meetings1 with the primary objective of developing a publication on an effective criminal justice response to support victims of acts of terrorism. The contributions of the participating experts were instrumental in the identification, collection and dissemination of national experiences of existing programmes of assistance and support for victims of acts of terrorism, or programmes for victims of crime applicable to victims of acts of terrorism, in accordance with relevant national legislation and international standards and norms. This publication is intended for use as part of UNODC’s capacity-building activities in the fields of criminal justice related to terrorism and counter-terrorism and human rights. Its purpose is to aid requesting Member States in the development and implementation of programmes of assistance and support for victims of acts of terrorism at the national level.
3. Victims have long played a secondary, and mostly silent, role in criminal trials. UNODC recognizes the call of the General Assembly as underscoring the importance of the victim in criminal proceedings and the relevance of developing comprehensive programmes that effectively provide adequate treatment to victims of acts of terrorism.
Effective criminal prosecution of alleged perpetrators is a crucial factor in reducing the perception of victimization and of impunity for terrorist acts. Granting victims equal and effective access to justice is also essential. In order to further integrate the perspective of victims into UNODC’s capacity-building activities addressing the criminal justice aspects of countering terrorism, the role of victims and their surviving family members in criminal proceedings needs to be emphasized.
4. In order to fulfill its enhanced mandate, UNODC considers it of utmost importance to take stock of national experiences in the treatment of victims of acts of terrorism based on relevant national laws and practices; and on existing international standards and norms on victims of the gravest international crimes.2 This endeavour contributes to the exchange of information on national experiences and practices. It also serves as a basis to assess the extent to which existing programmes of support to victims of crime sufficiently cover the needs of victims of acts of terrorism, or whether aspects related to victims of acts of terrorism justify the granting of specific support. To this end, chapter 3 on rights of victims presents general considerations regarding the status of victims in the criminal justice system, followed by examples of national practice and legislative provisions. Some countries have developed specific legislation on victims of acts of terrorism while, in others, victims are covered by legislation on victims of crime in general. The purpose of these examples, which are based on data provided by experts and on other available information, is the exchange of relevant information and experience. Reference to examples in the present publication should not be construed as an endorsement by the United Nations of the practices or legislation described therein.
5. Recognition of, and support to, victims is a key-component of a successful rule of law-based criminal justice response to acts of terrorism.
6. The effects of acts of terrorism extend beyond the immediate impact on the direct victims, as these acts indiscriminately target civilian populations or persons, regardless of their status or function, or public institutions, thereby affecting, more broadly, the society as a whole. It is with this perspective of protection of society that the criminal sanction is established. However, the criminal punishment of perpetrators is not enough.
As with many criminal offenses, reparation should also be offered to victims. Especially within the framework of the fight against terrorism, the victims must not be forgotten, or regarded as collateral damage. Victims of acts of terrorism are victims of an offense that targets one or more States or one or more international organizations and attacks the highest interests of a State or the international community. It is absolutely essential to identify the rights and needs of victims of acts of terrorism, to support them and to provide reparation for the damage they have suffered and, in doing so, to grant them a central role in the criminal proceedings.
7. This publication endeavours to emphasize at the forefront victim-related aspects of the criminal justice response to terrorism, as well as to provide examples of national legislation and practices in the area.
