humanitarian law may be instructive in addressing the needs of victims of
terrorism.14 Certain provisions of the universal treaties relating to specific
aspects of terrorism are also relevant to addressing the situations of victims
of terrorism.
According to the Declaration on Basic Principles of Justice for Victims
of Crime and Abuse of Power, set out in General Assembly resolution
40/34, victims include “persons who, individually or collectively, have
suffered harm, including physical or mental injury, emotional suffering,
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.” Importantly, the Declaration notes that an individual may be
considered a victim “regardless of whether the perpetrator is identified,
apprehended, prosecuted or convicted and regardless of the familial
relationship between the perpetrator and the victim”. The term victim
may include “the immediate family or dependants of the direct victim,
as well as persons who have suffered harm in intervening to assist victims
in distress or to prevent victimization.”
The Declaration further outlines the minimum standards for the treatment
of these victims according to several basic principles of justice. These
require that victims should:
• Be treated with compassion and respect for their dignity;
• Be informed about, and have their views and concerns presented at,
legal proceedings;
• Be entitled to proper assistance throughout the legal process;
• Be protected against intimidation and retaliation;
• Have their privacy protected;
• Be offered the opportunity to participate in informal mechanisms for
the resolution of disputes, including mediation;
• Enjoy restitution and compensation, as appropriate; and
• Receive the necessary material, medical, psychological and social
assistance.
The Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights
10
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