Michael O’ConnellCommissioner for Victims’ Rights

TIVI & University of IndonesiaJuly 2011

Victims of Terrorism

• Carbombing – suicide bombing – abduction – smuggling – hostage taking – kidnapping - homicide – mass violence – hijacking – money laundering

(UNODC 2009)

• Terrorism as a crime – from a victimological point of view

• What is terrorism – beyond the horrific images that are portrayed by the media and the doomsday prophesies?

• The meaning attributed in law to terrorism is crucial to establishing (and limiting) which acts or omissions are criminal victimisation but not so important in the context of victimisation.

'One person's terrorist is another person's freedom fighter'

'...terror is often at its bloodiest when used by dictatorial governments against their

own citizens.'

The first terrorism in Europe:

• French revolution of 1789.• Governments in Paris tried to

impose their radical new order on a reluctant citizenry, largely by violence.

• Académie Française in 1798, used the word to describe the 'system or rule of terror'.

• During the 19th century terrorism began to be associated, (as it is today) with non-governmental groups.

• “Through-out the post-World War II era, terrorism was strategic warfare on the cheap.” (Hamm 2007, p 2)

• In the late 1980s a study identified a total of 109 different definitions.

• Today, there would be more definitions.

• In September 1970, Palestinian terrorists hijacked several large aircraft and blew them up on the ground in Jordan but let the passengers free.

Was this terrorism?

• In September 1972, eleven Israelis were murdered in a Palestinian attack on Israeli athletes at the Olympic Games at Munich.

Was this terrorism?

• Domestic violence – “India has often blamed terrorist attacks on foreign groups. But deadly bombings in a city known for religious discord have rasied the specter of a threat closer to home.” (Thottam 2008, p32)

Can terrorism be ‘home-grown’?

July 11, 06

Mumbai

180 killed

February 19, 07

Train for Pakistan

66 killed

July 26, 08

Ahmedabad

45 killed

• Across our world, since September 11, 2001 the term “terrorism” has become a focus for debate in legal and political circles.

• There are legal, political, social, cultural and economic consequences of describing someone as a terrorist, or an action or omission as terrorism.

DEFINING TERRORISMDEFINING TERRORISM

• A specific approach to defining terrorism might be to focus on the actual act or omission, or modus operandi.

Hijacking and taking hostages, for example, are widely accepted as terrorist acts.

International Convention against the Taking of Hostages and the International Convention for the Suppression of Terrorist Bombings.

DEFINING TERRORISMDEFINING TERRORISM

• A general approach would describe terrorism by reference to certain criteria such as intention, motivation, and so on.

DEFINING TERRORISMDEFINING TERRORISM

An International Definition - UN General Assembly

• During 1960s attempted to formulate an internationally acceptable definition of terrorism.

Many members were reluctant to outlaw terrorism unless international community agreed to address the 'causes of terrorism‘.

Other members argued that to do so, suggested that terrorism was a response to genuine grievances, which implied that it was justified.

• Between 1963 – 1999, twelve international conventions were endorsed that address particular terrorist acts, such as aircraft hijacking and diplomatic hostage-taking.

DEFINING TERRORISMDEFINING TERRORISM

UN General Assembly

• In the 1990s, UNs’ Legal Committee promulgated a definition:

Reiterates that criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstances unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that may be used to justify them.

[http://www.un.org/terrorism/]

Terrorism as defined in the United States

“An activity that involves a violent act or an act of dangerousness to

human life that is in violation of the criminal laws of the United

States, or of any State…and that appears to be intended to

intimidate or coerce a civilian population…..or to influence the

policy of government by assassination or kidnapping.”

[18 U.S.C. 3077]

Australian definition of terrorism:

Violence intended to further a “political, religious or ideological cause” through intimidation

AND

Specific examples, for instance tampering with electronic systems.

TERRORISM AS MASS VIOLENCETERRORISM AS MASS VIOLENCE 　　

An intentional violent criminal act, that results in –

physical

emotional or

psychological injury

to a sufficiently large number of people as to significantly increase the burden of victim assistance for the responding jurisdiction.

Adapted from Centre for Mental Health Services (2004)

TERRORISMTERRORISM

“… Political, sociological and criminological accounts exist… majority of [literature] examines the causes of terrorism within a psychological framework.” (Arena & Arrigon 2006, p3)

Who should be at the centre of our research?

THE VICTIM

VICTIMOLOGYVICTIMOLOGY

• What have we learnt about:Role of theory?

Effects of a traumatic event or incident?

• How can we use what we have learnt to improve our understanding of terrorism from a victim’s point of view?

• Cause

• Appraisal of Event• Psychological Impact• Subjective Experience

• Worldview / Basic Assumptions• Stigmatisation of Victims• Media

• Secondary Injury

SOURCES OF VICTIMISATIONSOURCES OF VICTIMISATION

Human-Caused v Natural Disasters

WHO IS A VICTIM?WHO IS A VICTIM?

Who is affect by terrorism?

“I’ve not slept for 70 hours or more, walking, watching, waiting, praying for the end of this nightmare from which, at some stage, I must awake. But the reality is beginning to set in and I know only too well that at least in this life I shall never speak openly with my son. Never again shall I laugh with him, drink with him, discuss his future or watch him take to the field.” (Brian Deegan 2004)

A FATHER’S DECENT INTO HELLA FATHER’S DECENT INTO HELL

A VICTIM’S HORRORA VICTIM’S HORROR

“I had a feeling that I have never had before and I thought something was wrong with me … A shock went through my body … then the electricity went off and then there was an explosion … The first thing Jase said was ‘Oh, I can’t see!’ because the flames had shut his eyes and his eyelashes were welded together. The he said, ‘Help me, I’m on fire.’ (Mick Martyn, in Lindsay 2003)

The STOCKHOLM SYNDROME &The STOCKHOLM SYNDROME &the HIJACK SYNDROMEthe HIJACK SYNDROME

• Both phenomena occur when a victim denies the danger he or she is in and forms a positive bond with the captors or hijackers.

• Four factors promote the Stockholm Syndrome:The intensity of the experience,Its duration,The dependence of the victim on the captor for survival, andThe distance of the victim psychologically from authority

(Ochberg 1978; see also Fitzpatrick 2009).

• Hijack Syndrome likewise is promoted by the nature of the experience and its duration, as well as either a victim’s gratitude towards the hijackers for not resorting to violence against him or her, a victim’s sense of adventure and personal publicity, or a victim’s identification with the hijacker and/or the hijacker’s cause (Time 1976; Fattah 1991).

VICTIMS’ RIGHTSVICTIMS’ RIGHTSRights of victims of terrorism

• International human rightsEqual and effective access to justiceAppropriate remediesProvision for reparation

For example -• Covenant on Civil & Political Rights (eg Article 2)• Declaration of Basic Principles of Justice for Victims of Crime & Abuse of

Power (General Assembly resolution 40/34)• Basic Principles & Guidelines on the Right to a Remedy and Reparation for

Victims of Gross Violations of International Human Rights Law and Serious Violations (General Assembly resolution 60/147)

• Set of Principles for the Protection & Promotion of Human Rights through Action to Combat Impunity (E/CN.4/2005/102/Add.1)

• Convention against Transnational Organised Crime (eg Articles 24 & 25)• Convention against Corruption (eg Article 32)

VICTIMS’ RIGHTSVICTIMS’ RIGHTSRights of victims of terrorism

• Responding to the needs of victims of terrorism:

Inform them of their role & responsibilities in the criminal justice process; progress of the investigation & prosecution.

Allow their views and concerns to be presented & considered at appropriate stages in criminal proceedings.

Provide assistance to them throughout the criminal justice process.

Minimise inconvenience to them, protect their privacy & take steps to maintain their safety.

Avoid unnecessary delay in criminal proceedings & in executing court or other orders grant in their favour.

Offer them material, medical, psychological and social assistance.

Offer them restitution and compensation

A THEORETICAL FRAMEWORKA THEORETICAL FRAMEWORKPsycho-social Coping

• General theory for understanding all types of victimisation and facilitating recovery

Adaptively?

Maladaptively?

(Dussich 2010)

• Psychological• Capacity to tolerate stress• Prior trauma history• Socioeconomic and educational

level• Family stability• Social support• Female gender

THEORETICAL FRAMEWORKTHEORETICAL FRAMEWORK

Factors that affect Risk and Resiliency

• Threat to life• Severe physical harm or injury• Intentional harm or injury • Exposure to the grotesque• Violent or sudden death of a loved one• Witnessing or learning of violence to a

love one

(Green, 1993)

EFFECTS OF A CRIMEEFFECTS OF A CRIME

Traumatic Exposure

Physical Thinking/cognitive Behavioural Emotional

nausea slowed thinking easily startled anxiety

appetite change disorientation jumpiness grief

hot / cold sensations distressing dreams crying / tearful anger

dizziness intrusive images hyper-vigilance numbness

rapid breathing poor concentration avoidance depression

body/muscle aches difficult problem-solving isolation irritability

upset stomach confusion social withdrawal guilt

profuse sweating memory problems family conflict sadness

headaches recurring nightmares fear

rapid/irregular heartbeat

reliving the event feeling lost/overwhelmed

hyper-arousal disturbed thinking feeling isolated

sleep disturbances blaming someone desire to withdraw/hide

shock symptoms query spiritual beliefs agitation

EFFECTS OF A CRIMEEFFECTS OF A CRIME - Traumatic Exposure

• Physical & mental health consultation / treatment

• Liaison with key agencies• Psycho-education through media• Health & welfare services for

survivors, families etc• Health & welfare services for

responders

VICTIM ASSISTANCEVICTIM ASSISTANCE

Crisis Response

• Normal reactions to an abnormal situation

• Avoid “mental health” terms and labels

• Assume competence and capability

• All who witness are affected

• Respect differences in coping

VICTIM ASSISTANCEVICTIM ASSISTANCE

Key Concepts

• First, do no harm• Assistance is practical

and flexible• Focus on strengths

and potential• Encourage use of

support network • Tailor for active,

community fit• Be innovative in

helping

• Direct to medical care, safety; shelter

• Protect from trauma, media, onlookers

• Connect to family, information, comfort

(Myers and Wee, 2003)

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERRORISMTERRORISM

On-Scene Interventions

• Provide comfort, empathy, an “ear:• Address physical needs• Provide concrete information

about what will happen next• Link to support systems• Reinforce coping strengths

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERRORISMTERRORISM

Aims of Psychological First-Aid

• Rapid assessment and triage

• Psychological first-aid• Crisis intervention• Crime victim

assistance• Psycho-education• Informational briefings

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERRORISMTERRORISM

Immediate Interventions

• Community outreach• Participation in death

notifications• Mental health

consultation• Debriefing and

community meetings• Information and

referral

• Promote safety and security• Gently explore trauma experience• Identify priority needs and

solutions• Assess functioning and coping• Provide: Reassurance

Psycho-educationPractical assistance

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERROSISMTERROSISM

Key Objectives

• Community outreach• Counselling & therapeutic

interventions• Victim support• Assistance for Victims of Crime• Psycho-education & awareness

raising

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERRORISMTERRORISM

Long-Term Interventions

• Initiate contact at gathering sites• Set up 24-hour telephone hotlines• Outreach to survivors through

media, Internet• Educate service providers• Use bilingual and bicultural

workers(Office for Victims of Crime 2006)

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERRORISMTERRORISM

Community Outreach

• Protect victims’ rights• Ensure control over media

contacts• Provide criminal justice

information • Facilitate access to compensation• Prevent / reduce secondary

victimisation

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERRORISMTERRORISM

Primary Functions

• Regain a sense of safety and security• Gain understanding of child’s unique experience

of the trauma• Gain understanding of actual events that have

occurred• Identify and express reactions and emotions• Grieve and cope with traumatic stress• Resume age-appropriate roles and activities

(Pynoos and Nader, 1993;Vernberg and Vogel, 1993)

ASSISTING VICTIMS OF ASSISTING VICTIMS OF TERRORISMTERRORISM

Tasks for Psychological Recovery

• Recognise the importance of culture and respect diversity• Maintain a current profile of the cultural composition of the

community• Recruit disaster workers who are representative of the

community or service area• Provide ongoing cultural competence training to disaster

mental health staff• Ensure that services are accessible, appropriate, and

equitable• Recognise the role of help-seeking behaviours, customs and

traditions, and natural support networks• Involve as “cultural brokers” community leaders and

organisations representing diverse cultural groups• Ensure that services and information are culturally and

linguistically competent• Assess and evaluate the program’s level of cultural

competence（ Office for Victims of Crime 2000, 2006)

VICTIM ASSISTANCE - AN IMPORTANT VICTIM ASSISTANCE - AN IMPORTANT CONSIDERATIONCONSIDERATION

Cultural Competence

• Convey respect, good will, courtesy• Ask permission to speak with people• Explain role of mental health worker• Acknowledge differences in behaviour

due to culture• Respond to concrete needs

(Paniagua, 1998; Young, 1998)

VICTIM ASSISTANCFE - AN IMPORTANT VICTIM ASSISTANCFE - AN IMPORTANT CONSIDERATIONCONSIDERATION

Basic Cultural Sensitivity

• Sources of stress:Exposure to trauma

High-intensity tasks

Environmental factors

Organisational factors

Individual factors

VICTIM ASSISTANCE PROVIDERS VICTIM ASSISTANCE PROVIDERS AS VICTIMSAS VICTIMS

Vicarious Trauma

“ The natural consequent behaviours and emotions resulting from knowing about a traumatic event experienced by a significant other – the stress resulting from helping or wanting to help a traumatised or suffering person.”

(Figley, 1995)

VICTIM ASSISTANCE PROVIDERS AS VICTIM ASSISTANCE PROVIDERS AS VICTIMSVICTIMS

Compassion Fatigue

VICTIMS OF TERRORISM – CLOSING VICTIMS OF TERRORISM – CLOSING COMMENTSCOMMENTS

Victims of terrorism suffer physical, emotional, and mental trauma.

The devastation an act of terrorism can inflict victim service providers with tasks, including:

facilitating immediate carecounsellingcompensation

The victims’ rights and needs should not be overlooked.

Terima kasiSelamt siang

VICTIMS OF TERRORISM – BibliographyVICTIMS OF TERRORISM – Bibliography

• Arena, MP & Arrigo, BA (2006) The Terrorist Identity – Explaining the terrorist threat, New York University Press, New York, USA.

• Centre for Mental Health Services (2004) Mental Health Responses to Mass Violence and Terrorism, US Department of Health & Human Services, Rockville, MD, USA.

• Deegan, B (2004) Remembering Josh – Bali, a father’s story, Allen & Unwin, Sydney, Australia.• Dussich, J (2010) Psycho-social Coping Theory, Asia Post-graduate Course on Victimology,

Victim Assistance & Criminal Justice, TIVI, Tokiwa University, Japan.• Figley, CR (2001) Treating Compassion Fatigue, Brunner Mazel, Philadelphia, USA.• Fitzpatrick, L (2009) A brief history of Stockholm Syndrome, Time

[http://www.time.com/time/nation/article/0,8599,1919757,00.html]• Hamm, MS (2007) Terrorism as Crime – From Oklahoma City to Al-Qaeda and Beyond, New York

University Press, New York, USA.• Lindsay, P (2003) Back from the Dead – Peter Hughes’ story of survival and hope after Bali,

Random House, Sydney, Australia.• Ochberg, F. (1978) The Victim of Terrorism: Psychiatric Consideration, Terrorism: An International

Journal, 1(2), pp147-167• Office for Victims of Crime (2000) Responding to Terrorism Victims: Oklahoma City and Beyond,

US Department of Justice, Washington, USA.• Office for Victims of Crime (2006) Responding to Victims of Terrorism and Mass Violence Crimes:

Co-ordination and Collaboration Between American Red Cross Workers and Crime Victim Service Providers, US Department of Justice, Washington, USA.

• Thottam, J (2008) ‘Domestic Violence’, Time, August 11, pp32-33.• UNODC (2009) Delivering counter-terrorism assistance, Terrorism Prevention Branch, United

Nations,• United Nations Terrorism [http://www.un.org/terrorism/]