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166\St-And © Clive Walker, 2012 Compensation & financial redress for victims of terrorism Professor Clive Walker School of Law University of Leeds Compensation.

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Presentation on theme: "166\St-And © Clive Walker, 2012 Compensation & financial redress for victims of terrorism Professor Clive Walker School of Law University of Leeds Compensation."— Presentation transcript:

1 166\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

2 Agenda  Identify approaches  Critical analysis Approaches  Denial of special claims  Special schemes  Civil litigation

3 Compensation for victims of terrorism Purposes  Individual restitution  Social solidarity  Nullify harm to state interests

4 Compensation for victims of terrorism Approaches: Denial of special claims  Bureaucratic costs  Right to life – ECHR art 2  ‘Compensation culture’  Criminalisation

5 Compensation for victims of terrorism Denial of special claims  Criminal Injuries Compensation Authority (GB)  Compensation Agency (NI)

6 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

7 Compensation for victims of terrorism  Property loss for individuals: Northern Ireland  Justice & Security (NI) Act 2007  Criminal Damage (Compensation) (NI) Order 1977 Special schemes

8 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

9 Compensation for victims of terrorism Special schemes: Overseas

10 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

11 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)

12 Compensation for victims of terrorism Civil litigation: USA  Anti-terrorism and Effective Death Penalty Act 1996 – action against designated states

13 Compensation for victims of terrorism Conclusions  Fragmented and uneven  Growing international interest

14 Compensation for victims of terrorism Conclusions  Secretary-General of the UN  Council of Europe Committee of Ministers  UN Special Rapporteur

15 Compensation for victims of terrorism

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