Loopholes, Risks and Ambivalences in International Lawmaking: The Case of a Framework Convention on Victims' Rights

Tilburg University Legal Studies Working Paper No. 004/2007

Netherlands Yearbook of International Law, Vol. 37, pp. 109-154, 2006

46 Pages Posted: 4 Feb 2008

See all articles by Willem van Genugten

Willem van Genugten

Tilburg Law School

Marc Groenhuijsen

Tilburg Law School

Rob Van Gestel

Tilburg University

Rianne Letschert

Tilburg University - International Victimology Institute Tilburg (INTERVICT)

Abstract

The core document so far in the field of the protection of victims' rights is the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted in 1985 by the UN General Assembly. Starting from the notion that this is a declaration only, it was suggested by some to develop a victims' rights convention, aiming to improve the legal status of the rights concerned. Following that suggestion, the initiative was taken by independent experts to draft the UN Convention on Justice and Support for Victims of Crime and Abuse of Power.

This article firstly discusses the legal status of the 1985 Declaration, including the question what parts might have reached the status of international customary law. This analysis is followed by the question of what can be learned from today's academic discussions on characterising international legal standards - hard alongside soft law, etc. - and from recent debates on lawmaking in the international legal field (inter alia, communicative lawmaking and co-regulation). The article addresses some major risks, when embarking on the route of a possible victims' rights convention, including experiences to be drawn from other policy areas. Having done this, it comes up with the instrument of a framework convention, combining the benefits of legal bindingness with the flexibility and stepping-stone character of successful soft law documents. It is seen as a way out of the problems discussed in the article. After having presented some further thoughts on monitoring procedures, the article finally takes a careful look at the previously mentioned Draft Convention.

Keywords: international lawmaking, victim rights, framework convention, monitoring procedures

JEL Classification: K33

Suggested Citation

Genugten, Willem van and Groenhuijsen, Marc and Van Gestel, Rob and Letschert, Rianne, Loopholes, Risks and Ambivalences in International Lawmaking: The Case of a Framework Convention on Victims' Rights. Tilburg University Legal Studies Working Paper No. 004/2007; Netherlands Yearbook of International Law, Vol. 37, pp. 109-154, 2006. Available at SSRN: https://ssrn.com/abstract=999315

Willem van Genugten

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

Marc Groenhuijsen

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

Rob Van Gestel

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC 5000 LE
Netherlands

Rianne Letschert (Contact Author)

Tilburg University - International Victimology Institute Tilburg (INTERVICT) ( email )

Tilburg, 5000 LE
Netherlands

HOME PAGE: http://www.uvt.nl/webwijs/english/show.html?anr=385581

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