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transcript
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute1
Restitution and Compensation
Presentation to the
Tokiwa UniversityExchange Student Program 2011/2012
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute2
Theorem of Divided Territory
Criminal Procedure
State
border line
Offender
Rights of the State
(Prosecutor)
Human Rights of Defendant
(Procedural Rights)
204/19/23 2
Theoretical Fundament for the Position of the Victim in Criminal Justice System
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute3
Justicia repressiva (traditional) Criminal law maintains social order by repression Center is on balance: The balance has to be between state and offender - not offender and victims Right to be treated in respect for the dignity of the victim is
consequence of Human Rights (Italy 1922) . Special care - obligation of judge and prosecutor to protect the
victim against “secondary victimization in the criminal justice system”
Primary victimization Secondary victimization - avoid secondary victimization as far as possible!!!! you cannot go far enough with this demand! Advantage of this approach: EXPLAIN The concept of “Conflicts as Property” Conflicts are properties They are owned and exploited by the owners of the system The “owners” administer the conflicts in their own interest If you are looking for reforms – take this into account!!! (How?)
Reparation
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute4
After criminal Proceeding the victim has “nothing”! Why? Crimes are seen as offences against public order (state)
Victimizations are invasions into the self of the victims, causing damage in three dimensions. This damage remains - in spite of punishment.
To counteract, two institutions have been developed Restitution
the offender somehow repairs the damage Compensation
The state pays instead of the offender Both institutions have been developed by Italian reformers and have been
introduced into the Spanish influenced legal culture Result is a complicated “Derecho Victimal” (Manzanera)
Civil Law Public Law
Help for the victims Procedural Criminal Law Criminal Law
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute5
Is punishment in the interest of the victim? - Differentiate:
in our usual societal reaction to crime, we offer nothing to victims (except revenge and a twisted kind of satisfaction)
The consequences of punishment serve at best the interest of social control. Self understood is that the state punishes in its own interest.
Fines are an important contribution to the state budget.so important that in traditional systems fines are
collected before the state advises the victim to seek civil law reparation against the sentenced offender. prison terms can be put on probation. why not fines? Recently, some modern countries made it
possible that fines are put on probation. These are some problems in traditional
justice systems.
Restitution 3
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute6
Consequence of “Fines on Probation”:Condition of probation would be: “Repair the
damage of the victim”.The state collects the fine only when the
offender did not repair the damage of the victim.
The state would monitor the conditions of probation as usual.
If the offender repairs the damage of the victim, then the fine must not be paid.
Restitution 4 as criminal sanction:
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute7
“Restitution” - an additional criminal sanction (restitution).
But that is for many people not acceptable. They are caught in the law’s own logic: The offender must repair the damage in any
case - as a civil law consequence - what then is the criminal law punishment? He will essentially “get away with his crime” - there will be no criminal sanction.Often in a cynical way unrealistic“ a joke”
Restitution 5
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute8
In the criminal justice system:Restitution Sentence: the offender is
sentenced to repair the damageRestitution means, the offender (in the
criminal law system) has to pay a certain sum to the victim.
This sum must be fixed criminal law demands fixed punishments.many countries have “ indeterminate sentences”
They are against the principles of criminal law.
Restitution 6
Why are restitution orders so rarely used?
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute9
Restitution is believed to be civil law.“Restitution in criminal law” is a wrong solution of the
legislator.Civil law is not the field of the criminal law judge.Why should I do his job?
Restitution orders would have to be enforced by the criminal court/prosecutor -
Why should “we” give the victim the benefit of enforcing victim’s reparation right “for the victim” - while all other victims have to seek civil law sentences and enforce the sentence on their own? Take seriously the caretaking task of judge and
prosecutor (to protect the victim)
Restitution 7
Civil Law Claim in Criminal Procedure
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute10
Adhesion ProcedureSome legal systems allow the criminal
law judge to decide at the end of the proceeding about uncontested civil law claims (reparation of damage according to civil law norms) in the criminal proceedings
The reason is to save time and costs for the victim to get a title (for compulsory execution) - here is an easy way to provide such a title.
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute11
Although the restitution order is made by a criminal court as part of an offender’s sentence, it is similar to a civil order in some aspects.
If the offender does not pay the amount ordered, the victim can file the order in the civil court and use civil enforcement methods to collect the money.
This is the rule in Canada, Germany, France.
Often this is NOT successful.Understandably, under these conditions
legislators and practitioners are reluctant to use restitution as a criminal sanction.
Restitution 8 especially: Partie civile
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute12
France: not only at the end of a criminal proceedings but at any time, the civil claim can be brought into the criminal proceeding.
There are however limits:unnecessary delays in closing the criminal
casecivil claim only when offender is sentenced
and judge finds it adequate to give restitution order in addition to punishment.
The ability of the offender to pay a restitution order will be taken into consideration.
Restitution 9
Restitution Orders
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute13
In total, the attempts to vitalize restitution orders, have been met with resistance on the side of the judgeswhy should I do the job of my civil law
colleague? on the side of the prosecutor
don’t we have a civil court? Why should I now get involved?
on the side of lawyerswhen fees are not adequately regulated.
Restitution 9
Restitution as independent criminal sanction
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute14
The current unsatisfactory status of restitution orders are connected with their civil law character
Therefore victimologists demand the introduction of a restitution sentence in criminal law as an independent sanctionEnforced like a criminal sanction.
http://books.google.com/books?id=XovETqietDIC&pg=PA65&lpg=PA65&dq=Lois+Forer+Philadelphia&source=bl&ots=ukp5ZBaufD&sig=uKINNfp_g0o4wJlu-MMfeCoxRDA&hl=en&ei=yv30SsfYI5iI6wOgweUQ&sa=X&oi=book_result&ct=result&resnum=5&ved=0CBEQ6AEwBA#v=onepage&q=Lois%20Forer%20Philadelphia&f=false
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute15
“Restitution can be used as a sanction for serious offenders and for violent offenders. Extensive use of restitution for serious offenders by Judge Lois Forer in the Philadelphia Court of Common Pleas shows that such offenders can satisfy restitution orders while achieving recidivism rates at least as good as those comparable offenders who went to prison.
(Weitekamp, E. (1995) : Restitution in Philadelphia. In: Tonry, M. and Hamilton, K. (eds.) Intermediate Sanctions in Overcrowded Times. Northeastern University Press 1995, p.65 - 68
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute16
Terminology in Victimology
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute17
Compensation
Who pays it? The State
Restitution
Who pays it?
The Offender
Both systems are based on a law
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute18
Texas 1979, Crime
Victims’ Compensation Act,
Compensation to Victims of Crime Fund and the Crime Victims’ Compensation (CVC) Program.
Germany1976
Opferentschaedi-gungs - Gesetz
Federal and State Budget allocates money to compensate some victims of crime,
Victim Compensation 2 Aim of Victim Compensation
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute19
Texas:To compensate the innocent victim for
certain cash expenses (see below)Germany:
To prevent that the victim declines under a certain social level due to consequences of violent crime
Victim Compensation 3 What is paid?
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute20
State pays for certain cash expenses victims regularly have TEXAS
State pays for medical treatment for rehabilitationIf medical rehabilitation is (partly) impossible,
monthly rents for the living support of the (needy) victimGermany
Victim Compensation 4
How to finance compensation 4 slides
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute21
TaxesState pays from the general tax budget
Extra IncomeGains of casinos and other gambling yields
Poland(Germany partly in other areas of social
programs) Advantage
o Savings for tax Disadvantage
o Limited fundso Morally questionable income?o Not predictable
Gains from extra - stamps
Victim Compensation 5
How to finance compensation
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute22
Surplus finesCanada, USA
Increase of 10% on all finesAdvantage
o Relief for Finance Ministero Causation Principle
Disadvantageo Limited fundso Punishment according to guilto Not according to social tasks of the state
Victim Compensation 6
How to finance compensation
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute23
Confiscation of criminal gainsEspecially:
Notoriety-for-profitProfits of the sale of the publication rights of the
story concerning the offenceRestitution surrogate means
CVC pays to the victimLater the offender is caught and sentenced Judge can order that the offender has to repair the
damage caused to the CVC
Victim Compensation 7
How to finance compensation
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute24
SubrogationCVC pays to the victimLater the victim takes the offender to civil
court and is successful in getting a restitution sentence
Then the victim must repay to the CVC what this agency has paid to the victim
Criminal offence, if victim does not indicate this to the CVC (Texas)
German Compensation Laws in a Nutshell
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute25
1976 Victim Compensation LawWho can claim?
VictimDependent survivors
ChildrenWidowsParents when entitled to be supported by victim(to – be - brides and their offspring from the victim)
Texas
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute26
The primary purpose of the Fund is encouraging greater victim participation in the apprehension and prosecution of criminals and reimbursing innocent victims for certain out-of-pocket expenses incurred as a result of violent crime.
Texas: who is eligible?
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute27
Crimes involving "criminally injurious conduct,“ sex offenses, kidnapping, aggravated robbery, assaultive offenses, arson, homicide and other violent crimes in which the victim
suffers physical or emotional harm or death. The following motor-vehicle-related crimes are also
covered: Failure to Stop and Render Aid, DWI, Manslaughter, Criminally Negligent Homicide, Aggravated Assault, Intoxication Manslaughter and Intoxication Assault.
Germany: who is eligible
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute28
Victims of intentional violent crimesNot:Traffic offences
Except: car is used as a weapon
Victim Compensation 8
What is covered? Germany
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute29
General clauseMedical treatmentFull rehabilitation efforts
Extensive and excellent system If damage severe enough: Loss of Capability to be Gainfully Employed (LCGE)
Monthly installmentsIncluding medical treatment No time limit
Victim compensation: Texas: What is covered?
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute30
medical, hospital, physical therapy or nursing care psychiatric care or counseling loss of wages due to medical treatment or participation in, or attendance at, the
investigation, prosecutorial and judicial processes care of a child or a dependent loss of support funeral and burial expenses crime scene clean-up replacement costs for clothing, bedding, or property seized as evidence or
rendered unusable as a result of the investigation attorney fees for assistance in filing the Crime Victims' Compensation application
and in obtaining benefits (TCCP, Art 56.43) loss of wages and travel to seek medical treatment one-time relocation expenses for domestic violence victims or for those sexual
assault victims attacked in their own residence
Victim Compensation 10A typical decision ... Germany
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute31
“You have suffered an injury from a violent crime against you which happened on the 12th of May 2004 and which is described like this:
Loss of both under- arms from above the ellbow.
The LCGE is 100%.The decision gives rights from 8th of August
2003 on.The Inability to be gainfully employed is given.You have the right to demand medical
treatment.Reasons: …..
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute32
“You have suffered an injury from a violent crime against you that happened on the 12th of May 2004 and which is described like this:
Healed fracture of nose without compensable consequences
LCGE is set to 0%Medical treatment costs are
compensated from date of application.In all other respects the claim is
rejected.Reasons…...
Victim Compensation 11 Germany
Victim Compensation 9
What kind of decisions?
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute33
Claim grantedClaim partly granted:
Damage by crime statedMedical treatment grantedRest rejected
Claim rejectedNo crimeNo cooperation of victim
Victim Compensation 12
Results: Medical treatment compensation …..
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute34
Right of compensation for medical bills In Germany this right is unimportant:
Health insurance system in Germany:90% by virtue of a work contract 7% covered by private insurances2% free medical care as members of police or of
defense forces1% Federal Social Welfare CoverageMost medical bills are paid
In Texas this right is an essential part of social security for victims!This is an example how much you must take
into account before you compare!!!
Victim Compensation 13
Physicians Powerful Role
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute35
How much Loss of Capacity to be Gainfully employed is a decision of physicians
Physicians have professionally difficulties with emotional damage
In addition, system culture against emotional damage
Consequence:Difficult to compensate for emotional damages
Rape, Child abuse, Domestic violence
Victim Compensation 14
Result Interim Facit:
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute36
In Germany, 3% of all applications result in monthly installmentsVery good provisions for the 3%
Victims and Survivorsoften never discussed in international
literature:Possibility of Deterioration Claims
This is the reason for the decision:You have been a victim …
Slow system for needy victimsbut here steps in the general social security
system for all citizen
Victim Compensation 15Requirement for a modern compensation system
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute37
Since all social systems are vastly different, such a requirement cannot be stated generally.
Victims need different provisions in different systems....
In industrialized modern nations, this seems to be the future:
Priority for emotional damagesNew generation of compensation systemsPriority for emotional damage: prevention of
development of PTSDAbolishment of the traditional system with
priority of financial compensationPriority for treatment of emotional damagesPay for counseling Compensation systems may become independent
from crimes qualifications, basically for all accidents and crimes with
emotional/physical severe damage.
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute38
Complaints The system is not known to victims(UN Declaration: Information)The application forms are too complicated
(see attachment for the Texas form)
Mediation 1
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute39
Restitution orders cover financial damage. BUT: The damage of victims is threefold:
emotionalphysicalfinancial
Main disadvantage is emotional damage not taken into account restitution orders are part of formal social control. informal social control is much more effective. (Explain) Therefore: reclaim the means of informal social control for
the criminal law social control.A wise judge does this all the time, and a wise prosecutor as
well - but that are informal side effects.
Mediation 2 Victim Offender Mediation
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute40
There are attempts to try informal control mechanisms before the formal have to be used.This is a question of constitutional rank!explain
What is needed? the criminal law must include a norm that permits judges
and prosecutors to take the behavior of the offender after the crime into account when meeting out punishment.
If offender behaves “positively”, then reduction of punishment or dismissal of the case.
Positively can mean that offender tries to “repair” all damages the victim has suffered.
Positive behavior can only be shown voluntarily - it cannot be forced upon the offender. That is granted. If the offender wants top have a crimkinal proceeding with sentencing at the end - ok.
Mediation 3
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute41
Most offenders would like to avoid a sentence .
Most victims like to avoid a criminal proceeding if they get to know that the criminal law does nothing “for them”. Explain.
In all systems, the prosecutor has a file that is the document for his decision: prosecute!
Mediation 4
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute42
How does the alternative work?NGO is licensed by prosecutor to handle
cases alternatively.The mediation program (MedProg):
1. Prosecutor sends case to medprog with the request to try to mediate the conflict between offender and victim AND to report back to him.
Medprog tries mediation. Feedback to prosecutor.(Prosecutor dismisses the case)
Mediation 5
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute43
MedProg has these steps:1. Info to victim
criminal case results only in punishment, not in a title for your damage.
Maybe it is more important for you to get the damage restored?
MedProg can try that if you agree to work with us.2. Info to offender
criminal case results in punishment. in addition you must repair the damage.
We can open an alternative: you repair the damage and most probably you do not need to go to criminal court.
Mediation 6
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute44
3. Infos result in feedback:is feedback negative by one party - no
alternative way, feedback to prosecutor.is feedback positive by both parties,
then alternative is possible.4. MedProg tries to find out what the
victim wants to see happen often an apology by the offenderand the reparation of damage
Mediation 7
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute45
5. MedProg finds out what offender is willing to do to repair the emotional and the financial damage.
6. If needed, a round table discussion can be managedBut many other ways are possible
Mediation 8 Important Elements
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute46
for all participants: voluntary participation, no pressure.
neutrality of the mediator: The mediator is neither representative of victim nor representative of offender.
Mediator is neutral,but that is unrealistic. Why?
the nature of the beast NGO
Mediation 9 Advantages
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute47
1. for victim:Activity instead of passivitycentral,position for the victim, not
„peice of evidence“ victim can determine what is to be
discussed in the mediation processit can describe the emotional damageit can avioid a civil proceeding and gets
the damage easier repaired.
Mediation 10
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute48
5. it is possible to get to know why offender did did the crime.
6. It becomes a more positive image of his role no cooperation in punishing the offender!
7. Victim gets answers to questions that never will be answered in criminal proceedings
Mediation 11
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute49
Advantage for Offender 1. no punishment possible! 2. o. can gain is=nsight in consequences of his behavior 3. o. has opportunity to explain his „reason“ for the offense 4. Offender is actively involved, is not passive 5. quick end of the consequences of his actions: all depends on
his activity 6. experience of a positive role:
Advantage for all of us Norm clarification in interaction process Increase of freedom by reduced use of force Reclaiming the means of informal social control reinforcement of the rule of law in society
Restorative Justice 1
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute50
is the headline for all endeavors that use means of formal social control to restore the wounds that are caused by crime
often the criminal justice process is impossibly slow and can not handle consequences of mass crime, wars etc.
e.g. mass victimizations in the concentration camps of Nazi regime in Germany - attempt to punish the main offenders - but that did nothing for the victims and did nothing for repairing the emotional, physical and financial damage to the survivors answer was the payment of large sums of money which were
used to provide medical, psychological and social assistance to surviving victims and their families
e.g. after the mass victimizations by the apartheid - regime in South Africa and the success of the transfer of power to the non-white government if South Africa, the leaders of the tribes in South Africa developed the so called “Truth and Reconciliation Commissions”.
Restorative Justice 2
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute51
The model was very successful in preventing a civil war and an explosion of the South African society.
A simplified description is this: In a process of several years, the different political
groups in South Africa discussed this alternative model: a forum is created for victims and the alleged offenders.
Participation is voluntary. If offenders confess their role in the crimes and answer
to the questions of victims honestly and satisfactorily, then the Truth and Reconciliation Committee pardons the offenders.
In addition, the TRC documents and publishes the proceedings.
Paavani Reddy : Truth and Reconciliation Commissions. Instruments for Ending Impunity and Building Lasting Peacefor the UN Chronicle : http://www.un.org/Pubs/chronicle/2004/issue4/0404p19.html
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute52
Different circumstances in each of the regions where TRC were held.
Common was widespread use of violence, including disappearances, murder, torture, rape illegal detentions the goal of the “old government” to hold down popular
demands for democracy and human rights and for self-governance.
Newly-established post conflict or interim governments had to address the past and its state abuse of power
while building a stable future based on a democratic society.
Restorative Justice 4
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute53
That was difficult- the offenders perpetrators and their
followers and sympathizers were often in influential positions in government, including the judiciary, police and military, making prosecutions difficult.
- the old regime tried to obscure evidenceIn response to these and other
problems, a a non-judicial approach was adopted.
Restorative Justice 5
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute54
First Ruanda – Burundi More than thirty truth commissions worldwide, including
in Argentina, Chile, Timor-Leste, El Salvador, Guatemala and more importantly South Africa and Ireland.
Their success is remarkable. They are the only feasible method
to establishing the truth of past crimes to provide a basis for victim compensation to install instruments to promote peace and reconciliation.
United Nations Secretary-General’s report on “The rule of law and transitional justice in conflict and post-conflict societies”
for systems in transition, there has not been found a better solution.
Restorative Justice 6
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute55
Advantages1. Victims can be heard!Often for the first time, victims could bring
to public attention their sufferings. The accounts are basis for public
acknowledgement of the grave injustices they suffered.
Often TRCs make recommendations for future handlings of the needs of victims.
Restorative Justice 7
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute56
2. Documentation for the facts are the base for knowing the truth.
Often rejected by official government accounts, TRCs describe :what Human rights were injured?What really happened? Who were the offenders? Why were the crimes committed?
These reports are widely discussed. They form the new nations base on which awareness and respect for Human Rights can grow.
Restorative Justice 8
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute57
3. Manifest of the will that the future is different!Demonstrate the difference between the current new governments and the old governments, help the credibility of new governments and lead them to support other peace building measures.
4. Promote peace and reconciliation.
04/19/23Prof. Dr. G.F. Kirchhoff, Tokiwa International Victimology Institute58
The commissions have successfully addressed gross human rights violations during conflicts.
They promoted peace. They helped to achieve reconciliation. They made it possible that change occurred without new bloodsheds and civil war.
They gave societies, groups and individuals an alternative way to somehow deal with otherwise truly unmanageable and unforgiveable injustices, helping to stop the wheel of revenge and counter-revenge.
The United Nations plays an active role in supporting TRC efforts.
A new field emerged for young scientists : “Peace Building” and “Transitional Justice” - European Center is the University of Leuven .