166\St-And © Clive Walker, 2012 Compensation & financial redress for victims of terrorism Professor Clive Walker School of Law University of Leeds Compensation for victims of terrorism
Agenda Identify approaches Critical analysis Approaches Denial of special claims Special schemes Civil litigation
Compensation for victims of terrorism Purposes Individual restitution Social solidarity Nullify harm to state interests
Compensation for victims of terrorism Approaches: Denial of special claims Bureaucratic costs Right to life – ECHR art 2 ‘Compensation culture’ Criminalisation
Compensation for victims of terrorism Denial of special claims Criminal Injuries Compensation Authority (GB) Compensation Agency (NI)
Compensation for victims of terrorism Special schemes Aviation: Troika Commercial property: Reinsurance (Acts of Terrorism) Act 1993 and Pool Re Disaster relief: Bellwin Scheme eg Manchester & Tower Hamlets
Compensation for victims of terrorism Property loss for individuals: Northern Ireland Justice & Security (NI) Act 2007 Criminal Damage (Compensation) (NI) Order 1977 Special schemes
Compensation for victims of terrorism Special schemes Physical protection for individuals: Northern Ireland Injuries abroad: Victims of Overseas Terrorism Compensation Scheme: Crime & Security Act 2010
Compensation for victims of terrorism Special schemes: Overseas
Compensation for victims of terrorism Special schemes: USA Antiterrorism and Effective Death Penalty Act of 1996, Title II September 11th Victim Compensation Fund: Air Transportation Safety and Safety Stabilization Act 2001, Title IV
Compensation for victims of terrorism Civil litigation Appealing and unappealing Against government eg de Menezes Against third parties Against terrorists eg Breslin v McKenna (2008)
Compensation for victims of terrorism Civil litigation: USA Anti-terrorism and Effective Death Penalty Act 1996 – action against designated states
Compensation for victims of terrorism Conclusions Fragmented and uneven Growing international interest
Compensation for victims of terrorism Conclusions Secretary-General of the UN Council of Europe Committee of Ministers UN Special Rapporteur
Compensation for victims of terrorism