Since the International Military Tribunal (IMT) at Nuremberg, the first international tribunal to try individuals for international crimes, the role of victims of international crimes in international criminal proceedings has been limited to that of witnesses. The ad hoc international tribunals – the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) did not change this position. As such, the International Criminal Court (ICC) is the first international criminal tribunal to provide for the rights of victims to participate in their own right in criminal proceedings. Similarly, it is the first such tribunal to provide for the right to reparations. This thesis focuses on the right of victims to participation and to reparations under the Rome Statute of the International Criminal Court. It argues that the ICC offers an opportunity for the entrenchment of the concerns of victims in the international criminal process. However, it suggests that this depends on what framework of justice the Court adopts. The thesis further argues that previous international criminal tribunals – the IMT at Nuremberg and the ad hoc International Criminal Tribunals (ICTY, ICTR and SCSL) – operated on retributive and utilitarian theories of criminal justice that are exclusionary of and inimical to specific concerns of victims of international crimes. The largely retributive and utilitarian objects driving these systems limited victims to a peripheral status in the process and failed to address fully the harm occasioned to victims. This thesis suggests that the ICC should adopt a restorative justice paradigm in order to give full effect to the rights of victims while protecting the rights of defendants and meeting the law enforcement functions of the Court. The thesis reviewed the relevant texts – the Rome Statute, its Rules of Evidence and Procedure and other instruments – and demonstrated the fact that the ICC framework provides a basis for such a restorative justice paradigm. In order to suggest a trajectory for the operationalisation of the ICC victims’ rights regime underpinned by principles of restorative justice, the thesis attempts a systematic review of the rights of victims in criminal law processes in select domestic criminal justice systems, international human rights tribunals and other international courts. At the same time, the thesis reviews the implementation of reparations in various contexts and made suggestions as to how the ii ICC and the Victim Trust Fund (VTF) should proceed in this regard within the relevant legal and institutional framework. In relation to the right to participate, the thesis concludes that Article 68(3) of the Rome Statute – the general provision on the subject – strikes the right balance between the right of victims to participate, defence rights to an expeditious trial and the law enforcement function of the Prosecutor. However, the scope of victim participation at various stages of the proceedings will depend on, among others, the paradigm of justice adopted by the Court and, in view of the Prosecutor’s seemingly knee-jerk opposition to victim participation, the attitude adopted by the Court itself to this new right of victims to participate. The thesis reviewed relevant texts and concluded that the Rome Statute’s victims’ rights regime presupposes a restorative model of justice – understood as values and principles rather than ‘practices’ and ‘methods’ as applied in some national criminal justice systems. Restorative justice contemplates a central role for victims of crime in relevant proceedings. Henceforth, the rights of defendants must not only be weighed against the concerns of the Prosecutor but also the right of victims to participate. The thesis concluded further that the tests established for victims’ participation – appropriateness, the requirement for their personal interests to be affected and the rights of defendants – present serious challenges in view of the fact that ICC crimes for the most part will involve mass atrocity. The number of victims who may eventually participate in particular proceedings is thus very small. The thesis notes that while the provision for legal representation of victims alleviates some of the difficulties associated with participation by a varied mix of victims in complex proceedings, it may be considered as diminishing the impact of direct participation. While the scope and modes of victim participation will vary at various phases of proceedings, current jurisprudence at the ICC shows that the Court seems to favour a broad presumption of victim participation. Since full realisation by victims of the right to participate will depend on the role that the Court will play, it is crucial that the right paradigm of justice is adopted. With respect to the right to reparations, the thesis notes that this is perhaps the greatest innovation in the Rome Statute. The study found that the Rome Statute establishes two ‘focal points’ for purposes of reparations – the Court and the Victim Trust Fund (VTF) – in close relationship with each other. Drawing from the iii experience of national criminal justice systems, the thesis acknowledged the practical difficulties involved in vesting a criminal court with a reparation function will pose particular challenges for the Court. These include the need to protect the right of a defendant to a speedy trial, the presumption of innocence and to conduct efficient proceedings. Having reviewed the texts and relevant jurisprudence, the study concluded that various mechanisms, including various permissive rules and the creation of the VTF make it possible to address some of the difficulties associated with the right to reparations in the ICC. The thesis further noted that while a reading of the relevant provisions establishes the possibility of the Court and VTF instituting independent reparations schemes, it is imperative that the two collaborate in order to give full effect to that function. In any case, while Regulation 56 of the Court’s Regulations provides for the possibility of considering reparations issues during the main trial, the fact that a reparation order against an accused is dependent on finding of guilt of the accused, it necessarily means that a definitive finding on reparation has to come after that. Further, the thesis concluded that in context of mass atrocities and the possibility that numerous victims may prove the requisite links to a case to obtain reparations, holding joint proceedings would complicate and burden the trial. However, the thesis endorsed the initial view of the Court that evidence concerning reparations could, at least in part – where appropriate, and in the interest of efficiency and victims – be considered during the trial. The thesis further concluded that the VTF, which presents greater flexibility than the Court in terms of standards of proof, the requirement for criminal liability and various other mechanisms should be allowed a more prominent role in the processing of reparations. A survey of various mass reparation schemes – Holocaust reparations, South African TRC, the Rwandan Gacaca model and the United Nations Compensation Commission (UNCC), as well as the Alien Tort Claims Act (ATCA), a particular mass tort litigation mechanism – offer some useful lessons on a range of challenging reparation related questions. The study concluded that while the Rome Statute offers an important opportunity for victims in terms of reparations, various challenges including shortage of funds and the large number of victims requires that situation countries – those states under investigation by the ICC and from which victims are drawn – cannot abandon iv their primary responsibility of providing appropriate remedies for victims. The ICC is not, and cannot be a panacea for the concerns of victims of international crimes.

Canada’s Truth and Reconciliation Commission (TRC) was established as one of the responses seeking to address the harm done by the Indian residential school system. While the main goals of the TRC include discovering truth and promoting healing and reconciliation, it is necessary to critically interrogate its design and activities in order to gain insight into its potential to allow Canada to move beyond trauma and build a just future. To accomplish this challenging task, my thesis employs qualitative research design and applies the conceptual framework of restorative justice, Charles Taylor’s theory of recognition, and Nancy Fraser’s tripartite theory of social justice in an attempt to assess the TRC’s restorative and recognitive potential. The main finding of this thesis is that the TRC is not fully restorative and possesses limited potential to contribute to the decolonization of Canada.

Feminist critiques have been instrumental in cautioning the use of restorative justice in cases of domestic violence. However a smaller body of feminist literature examining the issues from the perspective of victim-survivors, supports the use of restorative justice in domestic violence cases. This thesis aims to contribute to the second body of research and incorporate particular victim-survivor voices into a debate that has profound implications for how justice could be administered for future victim-survivors of domestic violence. Thematic, narrative and discourse methods of analysis were used to reveal and explore e-interviews with two B.C women who experienced domestic violence and underwent a restorative justice process in response. Within a feminist framework, the results support the view that, when safety and power can be fully addressed, restorative justice renders benefits not obtainable in the traditional justice system: victim-survivors experience empowerment, and achieve healing and closure. / Graduate

Canada’s Truth and Reconciliation Commission (TRC) was established as one of the responses seeking to address the harm done by the Indian residential school system. While the main goals of the TRC include discovering truth and promoting healing and reconciliation, it is necessary to critically interrogate its design and activities in order to gain insight into its potential to allow Canada to move beyond trauma and build a just future. To accomplish this challenging task, my thesis employs qualitative research design and applies the conceptual framework of restorative justice, Charles Taylor’s theory of recognition, and Nancy Fraser’s tripartite theory of social justice in an attempt to assess the TRC’s restorative and recognitive potential. The main finding of this thesis is that the TRC is not fully restorative and possesses limited potential to contribute to the decolonization of Canada.

Thesis (M. Soc. Sc.)--University of Hong Kong, 2000. / Includes bibliographical references.

Thesis (Ph.D.)--University of Delaware, 2009. / Principal faculty advisor: Susan L. Miller, Dept. of Sociology & Criminal Justice. Includes bibliographical references.

Thesis (M.Soc.Sc.)--University of Hong Kong, 2000. / Includes bibliographical references. Also available in print.

Master of Landscape Architecture / Department of Landscape Architecture/Regional and Community Planning / Mary Catherine Kingery-Page / Living in a healthy environment is one of the basic desires of modern society, but is particularly hard to achieve in urban settings where the access to green urban space is limited. Restorative landscapes, healing gardens, and therapeutic gardens can improve mental and physical health. Environmental psychology has a long tradition of research from which landscape architects can learn the benefits of natural environments (Ulrich 1984). Exposure to a natural environment is known to result in increased physiological well-being, improved mood, pleasure (Ulrich 1984). More recently, cross-disciplinary research on spending time in nature has shown that it can provide benefits for human health, both physically and psychologically (Krinke 2005). Examples of restorative settings can be found throughout history and are still applied today in health-care facilities as healing or restorative gardens. A healing garden’s wide significance in the urban public realm and outcome for community engagement remains insufficiently exposed. Many urban environments lack the beneficial restorative properties of nature for healing and recovering. This report will focus on understanding and exploring how a restorative landscape can be implemented within an urban area to create a multi-functional place with potential to relieve different kinds of stress and improve overall well-being. The site for this investigation is Chester I. Lewis Reflection Square Park (Lewis Park) in downtown Wichita, Kansas. Lewis Park focuses on a famous part of Wichita’s civil rights history: Chester I. Lewis and his role in the Dockum Drugstore Sit-in of 1958. The park currently consists of an interactive fountain and series of sculptures. I will develop the design proposal through various methods, such as archival research, site inventory and analysis, precedent study research, stakeholder engagement and interviews. A team of three students addressed this project in partnership with Downtown Wichita. My specific project focuses on understanding the park condition, why Lewis park is failing, and how to improve the park to meet users’ demands. The site needs to be redesigned for local people seeking a restorative environment for their daily lives.

Concerns over skyrocketing school disciplinary rates have driven the search for alternative methods to address disruptive student behavior. Restorative disciplinary practices are a promising option for our nation's schools. This investigation explores the willingness of educators to adopt restorative discipline by analyzing survey data from the Northwest Justice Forum Pre-Training on Restorative Justice in Schools. Data analysis was conducted using the Theory of Planned Behavior as a model for understanding and predicting future behavior--in this instance, willingness to be contacted for more information or willingness to participate in a future study. A concurrent review of the participant's school disciplinary policies demonstrated how participant views are reflected in practice. The analysis suggested that the respondent's attitude significantly predicted intention, and both attitude and intention predicted behavior. Furthermore, the policy review confirmed that restorative discipline is largely absent and cautioned that there may be misconceptions about its use.

Cette recherche décrit et analyse le processus de mise en œuvre d’un dispositif de justice restaurative au sein du système de justice des mineurs. Le projet s’inscrit dans la politique générale du Ministère de la justice et particulièrement de celle de la Direction territoriale de la protection judiciaire de la jeunesse (DTPJJ). Il est l’un des premiers à être expérimenté sur le plan national avec pour objectif la tenue de conférences restauratives, c’est-à-dire des rencontres en face à face entre infracteurs et victimes, accompagnés de leurs proches et en présence d’un facilitateur ou médiateur. L’expérimentation a associé deux entités du Ministère de la justice, le tribunal de grande instance de Caen et le Service Territorial éducatif de milieu ouvert (STEMO) et trois entités du milieu associatif que sont l’ACJM, le CIDFF qui sont des services d’aide aux victimes et l’Association de thérapie familiale systémique (ATFS).L’expérimentation n’a pu déboucher que sur une seule conférence restaurative entre un jeune, auteur d’un vol avec effraction dans une école et la directrice de cet établissement. Elle a abouti à la conclusion d’un plan de réparation proposé par le mineur et accepté par la victime puis consigné dans un rapport et validé par le médiateur.Le présent travail restitue les enseignements d’une immersion par participation active aux différentes phases du projet, depuis la signature du protocole initial jusqu’aux différentes réunions de bilan du processus. Cette implication, assise sur les enseignements tirés de ma participation antérieure à un programme de justice restaurative en Côte d’Ivoire, m’a permis d’effectuer une enquête ethnographique approfondie.Après avoir situé les enjeux socio-politiques liés à l’implantation internationale de pratiques de justice restaurative et restitué les enseignements de mon expérience Ivoirienne, j’analyse le déroulement de l’expérience caennaise dans un cadre théorique ouvert référé à la sociologie de la traduction et aux économies de la grandeur.Cet ensemble vient selon moi documenter la question suivante : peut-on, malgré les lenteurs et difficultés inhérentes à l’instauration d’une innovation sociale telle que la justice restaurative parier sur les effets bénéfiques d’une rencontre médiée entre les protagonistes d’une infraction ? / This research describes and analyzes the process of implementing a restorative justice system within the juvenile justice system. The project is part of the general policy of the ministry of justice and particularly that of the Direction territorial de la protection judiciaire de la jeunesse (DTPJJ). He is one of the first to be experimented at the national level with the aim of holding restorative conferences, in face to face meetings between offenders and victims, accompanied by their relatives and in the presence of a facilitator or mediator. The expert appraisal involved two entities of the ministry of justice, the hight court of Caen and the Service territorial éducatif de milieu ouvert (STEMO) and three associations that are Association de contrôle judiciaire et médiation (ACJM), Centre d’informations sur les droits des femmes et des familles (CIDFF) which are victim support and Association de thérapie familiale et systémique (ATFS).The experiment was only able to stop at a single restorative conference between a young person who had broken into a school and the director of that school. It led to the conclusion of a repair plan proposed by minor and accepted by the victim then recorded in a report and validated by the mediator.The present work presents the lessons of an immersion through active participation in the various phases of the project from the signing of the initial protocol to the various review meeting of the process. This involvement based on the lessons learned from my previous participation in the program of restorative justice in Côte d’Ivoire allowed me to carry out an in depth ethnographic survey.After having located the socio-political issues related to the international implementation of practices of restorative justice and restituted the lessons of my Ivorian experience, I analyze the unfolding of the Caen experience in an open theoretical framework refered to the sociology of translation and economic of greatness.This set comes in my opinion to document the following question: Can one despite the delays and difficulties inherent in the establishment of a social innovation such as restorative justice bet on the beneficial effects of a mediated meeting between the protagonists of offense?