Published in : O. Hagemann, P. Schäfer & S. Schmidt, (2010) Victimology, Victim Assistance and Criminal Justice, Perspectives Shared by International Experts at the Inter-University Centre of Dubrovnik. Niederrhein University of Applied Sciences, Mönchengladbach, D. A SHORT HISTORY OF VICTIMOLOGY Jo-Anne Wemmers, Ph.D. Université de Montréal INTRODUCTION It is often said that crime is as old as mankind. But if crime is an age-old phenomenon, it is only recently that researchers have turned their attention to victims of crime. In fact, the word victim did not appear in the English language until 1497. Derived from the Latin word victima, the word originally did not refer to crime victims but to a living creature killed and offered as a sacrifice to a deity or supernatural power (Oxford Dictionary, 1983) We can still find traces of this original meaning of the word victim in modern languages such as Dutch and German. In Dutch the word for victim is slachtoffer. This word consists of two parts: slacht refers to slaughter and offer refers to offering. Similarly, in German the word for victim is opfer; which represents a person or thing that is offered in sacrifice. It was not until 1660 that the word victim was first used to in the sense of a person who is hurt, tortured or killed by another. In other words, the concept of victim of crime did not exist until well into the 17th century. Why were victims ignored for so long? And what led to their recognition after centuries of obscurity? In this chapter we will examine the origin of victimology and its evolution. THE BIRTH OF VICTIMOLOGY If the notion of ‘crime victim’ is a relatively new phenomenon, victimology is an even newer concept. One of the first studies to examine crime victims was Hans von Hentig’s book, The Criminal and His Victim. Published in 1948, this book examines the relationship between the Electronic copy available at: http://ssrn.com/abstract=2482627 criminal and the victim. Born in Germany, Von Hentig (1887- 1974) moved to the United States prior to the outbreak of the Second World War. When his book was published in 1948, Von Hentig worked as a Professor at Yale University. Hans von Hentig was a criminologist and his interest in the victim was solely criminological. He was not concerned about victims and how they were impacted by crime. Instead, Von Hentig wanted to study victims in order to understand crime and criminals. He believed that with this knowledge we could not only catch the criminal but we could also prevent crimes from happening in the first place. In his book, Von Hentig paints a picture of the complex relationship between the criminal and his victim, using homicide data from the United States and Germany. A second key figure in the history of victimology is Benjamin Mendelsohn (1900 – 1998). Born in Roumania, where he studied law and later worked as a defense lawyer, Mendelsohn was the first person to use the word victimology. In 1956, Mendelsohn’s seminal work was published in the Revue de droit penal et de criminologie. In this article, titled, A New Branch of the BioSocial-Science: Victimology (translated from French by the author), Mendelsohn lays the ground work for a new science, which he calls victimology and sees as a separate discipline from criminology. While Mendelsohn, like Von Hentig, is interested in understanding the victimoffender relationship – or the penal couple as he calls them - his interest in the victim goes beyond explaining crime. In this article, Mendelsohn asks why society has for so long ignored victims and left them to carry the burden of the consequences of crime. He argues in favour of a science of victimology in which victims and victimizations are studied just as criminology studies crime and criminals. Besides the word victimology, in this article Mendelsohn introduced new terms such as victimal (the opposite of criminal) and victimality (the opposite of criminality). Using American statistics on motor vehicle accidents, he developed a victimality index in order to indicate the risk of victimization. Like Von Hentig, Mendelsohn emphasizes the importance of prevention and sees this as a main goal of victimology. Mendelsohn’s vision for the future of victimology is remarkable. In setting the parameters of this new science, Mendelsohn asks if victimology should include mass victimization, political victims as well as international victims. His response was that time will tell. As will become Electronic copy available at: http://ssrn.com/abstract=2482627 clear when we examine the evolution of victimology, in recent years the notion of mass victimization has gained in importance. In part, this is due to the establishment of the International Criminal Court: a development that was inconceivable in 1956. Other early works on victims include the work by Rhoda Milliken, a police officer in Washington D.C., who in 1950, drew attention to the suffering of victims of sexual violence following their victimization. In 1952, R. Tahone, Public Prosecutor at the Court of Appeal in Liège (Belgium) published an article on the notion of consent in which he argued that victims’ compliance did not diminish the criminal nature of their victimization nor did it hinder prosecution. Two years later, in 1954, Henri Ellenberger, published an article on the psychological relationship between victims and offenders. Real interest in victimology began after the Second World War. Mendelsohn (1974) claimed that the idea of victimology was planted prior to the war, however, the germination of this idea was interrupted by the war and only picked up again after the war was over. One might argue that the birth of victimology, like that of human rights, was inspired by the atrocities committed during the war. However, that is unlikely as victimologists did not write about events like the Holocaust until the late 1960s (see for example Mendelsohn, 1969). The first victimologists focused on victims of crime. The early works in victimology were inspired by criminologists and criminal justice professionals who, in their effort to understand crime, introduced the notion of victims into academic discussions on crime. With this, interest emerged not only in the role of victims of crime but also in the plight of victims as the forgotten party of the criminal justice system. THE DISSEMINATION OF VICTIMOLOGY In 1956, Mendelsohn argued that this new science of victimology would need it own institutions and academic journals. Two years after the publication of Mendelsohn’s seminal work, Professor Paul Cornil of Brussels, organized a first conference on victimology for the Dutch-Flemish society of criminology in 1958. Conference participants included Professor Willem Nagel (Leiden, The Netherlands), Professor Willy Callewaert (Gent, Belgium), and Professor Willem Noach (Utrecht, The Netherlands). One year later, the Revue de droit penal et de criminologie published a special issue on victimology in which several papers from this conference were published (Cornil, 1959). Israel Drapkin organized the first international symposium on victimology, which was held in Israel in 1973 (Drapkin & Viano, 1974). Three years later, in 1976, a second international symposium was organized by Stephan Schafer in Boston (USA). In 1979, the third international symposium on victimology took place in Münster, Germany under the leadership of Hans Joachim Schneider and it was at this symposium that the World Society of Victimology (WSV) was created. Since then, the World Society of Victimology has organized international symposia on victimology every three years. The first academic journal dedicated to victimology was Victimology: An International Journal, which first appeared in 1976 and was edited by Emilio Viano. In 1988 the International Review of Victimology was founded by John Freeman and continues today to be a key resource for victimologists (Wemmers, 2003). Today there are numerous journals that deal with victimology including the Violence and Victims, International Perspectives on Victimology, Journal of Traumatic Stress, Victims and Offenders and the Journal international de victimologie. In addition to international symposia and academic journals, there are presently two international research institutes for victimology. There is Tokiwa International Victimology Institute (TIVI) at Tokiwa University in Japan and the International Institute of Victimology (INTERVICT) at the University of Tilburg. The Netherlands. These centres bring together academics from around the world and promote research and training. With these developments, Mendelsohn’s vision for victimology has become reality. THE WORLD SOCIETY OF VICTIMOLOGY Throughout the evolution of victimology, the World Society of Victimology has played a key role. Founded in 1979, the Society is a not-for-profit, nongovernmental organization with consultative status category II with the ECOSOC of the United Nations and the Council of Europe. Its goals are: 1) to promote research on victims and victim assistance; 2) to advocate victims’ interests throughout the world; 3) to encourage interdisciplinary and comparative research in victimology; 4) to advance the cooperation of international, regional and local agencies, groups and individuals concerned with the problems of victims. The tri-annual symposia organized by the Society have been fundamental in the evolution of victimological research. Since its inception the WSV has organized symposia in Japan (1982), Yugoslavia (1985), Israel (1988), Brazil (1991), Australia (1994), The Netherlands (1997), Canada (2000), South Africa (2003) and the United States of America (2006) (World Society of Victimology, 2008). The next international symposium on victimology will take place in Mito, Japan in 2009. As a forum for discussion on emerging issues in victimology, these symposia reflect the newest developments and debates in the field. For example, in 1994, in Australia, one of the main topics at the symposium was the victim impact statement. Three years later, in Amsterdam, repeat victimization was a main topic (Van Dijk, 1997). In 2000, the topic of restorative justice was a major issue at the Montreal symposium (Wemmers, 2003). In 2003 in South Africa, a key theme of the symposium was human rights (Garkawe, 2004). Three years later, in Orlando, human trafficking emerged as a main topic. The WSV sponsors seminars and workshops on victimology in many different countries. The oldest and perhaps the most well-known of which is the post-graduate course which is held in Dubrovnik (Croatia). First created in 1976, this two-week course is held annually in the month of May. During the war in the Former Yugoslavia, the course was temporarily (1994-1997) moved to Amsterdam, The Netherlands (Kirchhoff, 1997). These seminars and workshops provide a key opportunity for the training of new victimologists. Especially in the early years of the society, when university courses on victimology were rare, the Dubrovnik course offered a unique opportunity to train students from around the world in victimology. The course coincided with the annual meetings of the WSV Executive Committee and EC members were expected to lecture at the course. This meant that the students were taught by top victimologists from around the world. At the same time, these annual meetings provided a rich forum for academics and practitioners to meet and exchange information. Similar courses have since been introduced in Japan (since 1998), Latin America (since 2001) and South Africa (since 2003). In promoting victims’ interests, the Society has been the driving force behind international victim policy. A key achievement of the WSV is the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Professor Irvin Waller (University of Ottawa, Canada) and Professor LeRoy Lamborn (Wayne State University, USA), both members of the WSV, played key roles in the drafting the UN Declaration. A final draft of the Declaration was presented at the Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders, held in Milan, Italy in 1985 (Fattah, 1992). The UN General Assembly adopted the Declaration (resolution 40/34) on November 29th 1985. Originally intended as standards and norms for national governments, the UN Declaration provided the basis for victims’ rights in the newly established International Criminal Court in The Hague, The Netherlands. Since then, members of the WSV, together with national governments and the UN, have worked to create materials such as the The Handbook on Justice for Victims (UNODCCP, 1999), in order to assist countries in the use and application of the Declaration. More recently, the Declaration was complemented by the Basic Principles and Guidelines on the Rights to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (GA, 2005) and by the Guidelines for Child Victims and Witnesses (ECOSOC, 2005). However, in spite of these laudable efforts, the rights of victims are still not always adequately recognized (Groenhuijsen, 1999; Brienen and Hoegen, 2000). As a result, the WSV, together with the International Institute for Victimology (INTERVICT) is working to promote an international Convention on Justice and Support for Victims of Crime and Abuse of Power. Conventions have legal standing in international law while declarations do not. As such, a convention on victims would take victims’ rights beyond good intentions, giving them a legal basis. THE FIELD OF VICTIMOLOGY Since its early beginnings, victimology has struggled with delineating its boundaries. Sparked by Mendelsohn’s plea for a separate science of victimology, one of the first debates in the area was whether or not victimology was a branch of criminology or a separate science. Authors such as Von Hentig took the approach of penal victimology which focused on understanding the crime. In 1963, Willem Nagel argued that criminology should not limit itself to the study of crime and criminals but should include the study of crime victims as well. Nagel saw victimology as an important part of criminology. The question of whether or not victimology is a unique science is still debated today. An excellent example of this is Ezzat Fattah’s keynote lecture at the 15th World Congress of the International Society of Criminology in 2008. The title of his keynote lecture was: The Future of Criminology as a Social Science and Academic Discipline: Reflections on Criminology’s Unholy Alliance with Criminal Policy & On Current Misguided Attempts to Divorce Victimology from Criminology. An overview of the field reveals three main approaches in victimology (Bienkowska, 1992; Kirchhoff, 1994). The first is penal victimology, which considers victimology as a branch of criminology and is focused on victims of crimes. The second approach is general victimology. It includes victims of all types, such as victims of accidents and natural disasters. This approach is advocated by authors such as John Dussich (Dussich, Underwood & Petersen, 2003) and Sam Garkawe (2004). The third approach is a human rights approach. Advanced by authors such as Robert Elias (1985), this approach focuses on man-made victimizations of all kinds including genocide, torture and slavery. Advocates of penal victimology, such as Fattah (1991), argue that by limiting itself to criminal acts, victimology restricts itself to that which is measurable and well-defined. By focusing on crimes, victimology remains objective and neutral and stays away from becoming political. The vast majority of research in victimology has focused on victims of conventional crimes, thus allowing our knowledge and understanding of crime victims to flourish. However, if victimology is limited to the study of crimes then the criminal code essentially sets its research agenda. Clearly it is possible that some things are immoral but not criminal. For example, abuses of power by the State may not constitute crimes in the legal sense but would clearly be considered immoral. Hence, penal victimology may promote a conservative “law and order” agenda as it fails to question the State. In this approach, there is no reason to separate victimology from criminology. Victimology is simply part of criminology, namely that part that looks at victims. General victimology is inclusive and does not exclude any victims. This approach recognizes that the word victim is used in many different contexts besides criminal victimization. As a result, it covers much more than criminology and is justified as a separate science. Because of its broad scope, this approach allows us to study crimes by the State and examine criminal victimization as a symptom of a more general social victimization. For example, the burning of brides in parts of India and Pakistan, following the refusal of the bride’s family to pay additional dowry, can be viewed as an expression of the structural victimization of women in these societies (Schneider, 2001). This broad approach recognizes that victimization is a subjective appraisal rather than the result of some objective, external criteria. Also, general victimology emphasizes the similarities in people’s reactions to different types of victimization such as natural disasters. Post-traumatic stress disorder, for example, can be experienced following any sort of traumatic event and is not limited to crime victims. setiap orang adalah korban (dalam arti umum) However, in general victimology, everyone is a victim and thus the limits of the science are blurred. Moreover, people’s reactions to intentional victimization are structurally different than unintentional victimizations (such as earthquakes). When intentionally harmed by another human being, common reactions include anger and loss of faith in others (Shapland & Hall, 2007). These reactions are unique to man-made victimizations and do not occur when the victimization was the result of a natural disasters (Baril, 1984). Moreover, the causes of man-made victimization versus natural disasters are different. Understanding the causes of a Tsunami requires very different knowledge (i.e. exact sciences) than understanding the causes of criminal victimization (i.e. social sciences). Hence, if the objective of victimology is to explain and prevent victimization then it would make no sense to include victimizations that are not manmade. The third approach, is a victimology of human rights. This approach corresponds with the definition of victims that is found in the UN Declaration, which was discussed above. Limiting the scope of victimology to that found in the UN Declaration is a positivist approach and it is in itself insufficient reason to justify a human rights approach. After all, with the adoption of a UN Convention, the definition of victims may change. More important is the significance of this approach for victimology. Those in favour of this approach, such as Elias (1993), emphasize that intentional acts by one person against another person are interpreted differently than natural disasters (acts of God). Moreover, only by limiting victimology to the study of man-made victimizations, will the science achieve its ultimate objective namely, to explain why victimization happens. With this knowledge we can help prevent victimization as well as address the consequences of victimization should prevention fail. Hence the human rights approach is the most fruitful of the three approaches found in the victimological literature. Victimology can thus be defined as the scientific study of victims and victimizations attributable to the violation of human rights, including crimes and the reaction to crime and to the victimization (Kirchhoff, 1994). But is victimology separate from criminology when it focuses on man-made victimizations? In recent years there has been growing interest among criminologists to study crimes against humanity and to use the human rights approach in criminology (Hagan, Rymond-Richmond & Parker, 2005; Parmentier & Weitekamp, 2007). Hence, while this human rights approach was first found in victimology (Elias, 1993) it has since carried over into criminology. In this broad approach, it would be unnecessary to divorce victimology from criminology. CONCLUSION Victimology has changed the way we look at crime. Fifty years after Mendelsohn first introduced the word “victimology”, it is impossible to think of crimes without including the consequences for victims. Victimologists have successfully drawn attention to the plight of victims. This can be seen in the emergence of international instruments such as the UN Declaration, as well as the new interest of criminologists in crimes against humanity. The World Society of Victimology, through its role in the dissemination of knowledge and research, has played a key role in this process. Victimology is still a young science. While there continues to be much debate about the boundaries of victimology, clearly, victimology continues to be strongly linked to criminology as is evidenced in the many studies on criminal victimization. However, victimology has evolved independently of criminology: establishing its own research journals and institutions specializing in the study of victims and victimizations. Victimology has matured from a progeny of criminology to a source of knowledge and inspiration for criminology; influencing the kinds of questions that criminologist focus on. With such a rich history, victimology promises to continue to enlighten and inspire future generations. Useful websites: www.worldsocietyofvictimology.org www.tilburguniversity.nl/intervict/ www.tokiwa.ac.jp/-tivi/english/ www.victimology.nl Bibliography Baril, M. (1984). L’envers du crime. Cahier No. 2, CICC, Unversité de Montreal. Bienkowska, E. (1992). What is Victimology? Some Reflections on the Concept of Victimology. In: S. Ben-David & G.F. Kirchhoff (ed.) International Faces of Victimology (pp. 81-88). Monchengladbach: World Society of Victimology Publishing. Brienen, M.E.I., Hoegen, E.H. (2000). Victims of Crime in 22 European Criminal Justice Systems. Nijmegen, NL: Wolf Legal Productions. Cornil, P. (1959). Revue de droit pénal et de criminologie. 39,7. Drapkin, I., Viano, E. (1974) Victimology. Lexington, MA: Lexington Books. Dussich, J., Underwood, T. & Petersen, D. (2003). New Definitions for Victimology and Victim Services: A Theoretical Note. The Victimologist, 7,2,1-8. ECOSOC (2005). Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime. Resolution 2005/20 Ellenberger, H. (1954). Relations psychologiques entre le criminel et la victime. Revue Internationale de criminologie et de police technique, 8,2,103-121. Elias, R. (1985) Transcending our social reality of victimization: Toward a victimology of human rights. Victimology. 10/1-4, 6-25. Elias, R. (1993). Victims Still: The Political Manipulation of Crime Victims. Newbury Park, CA: Sage Publications. Fattah, E.A. (1991). Understanding Criminal Victimization. Scarborough, ON : Prentice Hall Canada. Fattah, E.A. (1992). The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power : A Constructive Critique. In : E. A. Fattah (ed.) Towards a Critical Victimology (pp. 401-424). St. Martin’s Press. Fattah, E.A. (2008). The Future of Criminology as a Social Science and Academic Discipline : Reflections on Criminology’s Unholy Alliance with Criminal Policy & On Current Misguided Attempts to Divorce Victimology from Criminology. Key note presented at the 15th World Congress of the International Society of Criminology. Barcelona, 20-25 July. Garkawe, S. (2004). Revisiting the Scope of Victimology – How Broad a Discipline Should It Be ?. International Review of Victimology, 11, 275-294. GA (2005). Basic Principles and Guidelines on the Rights to a Remedy and Reparation for Victims of Gross violations of International Human Rights Law and Serious violations of International Humanitarian Law. Adopted by the General Assembly of the UN 16, December 2005, Resolution 60/147. Groenhuijsen, M.S. (1999). Victims’ Rights I the Criminal Justice System: A Call for More Compehensive Implementation Theory. In: J.J.M. Van Dijk, R. Van Kaam , J.M. Wemmers (eds.) Caring for Victims of Crime (pp.85-114). Monsey, NY: Criminal Justice Press. Hagan, J. , Rymond-Richmond, W. & Paker, P. (2005). The Criminology of Genocide: Death and Rape in Darfur. Criminology. 43,3, 525-562. Kirchhoff, G.F. (1994). Victimology – History and Basic Concepts. Dans: G.F. Kirchhoff, E. Kosovski et H.J. Schneider (eds.). International Debates of Victimology (pp.1-81). Mönchengladbach: WSV Publishing. Kirchhoff, G.F. (1997). Worldwide Victimology, The WSV Book, Directory 1997. Mônchengladbach: World Society of Victimology Publishing. Mendelsohn, B. (1956). Une Nouvelle Branche de la Science BioPsycho-Sociale : La victimologie. Revue Internationale de criminologie et de police technique, X, 2, 95-109. Mendelsohn, B. (1969). Le Rapport entre la victimologie et le problème de genocide. Études de psycho-Sociologie Criminelle, 14-17, 56. Mendelsohn, B. (1974). The Origin of the Doctrine of Victimology. Dans: I. Drapkin et E. Viano (eds.), Victimology (pp.3-12). Lexington MA : Lexington Books. Milliken, R. (1950). The Sex Offender’s Victim. Federal Probation, 14, September, 22-26. Nagel, W. (1963). The Notion of Victimology in Criminology. Ecerpta Criminologica, 1963, 3 (3) pp. 245-7. Oxford Dictionary (1982). Oxford: Oxford University Press. Parmentier, S. & Weitekamp, E. (2007). Political Crimes and Serious Violations of Human Rights: Towards A Criminology of International Crimes. In: S. Parmentier & E. Weitekamp (eds.) Crime and Human Rights, Sociology of Crime, Law and Deviance, Volume 9. (pp. 109-148) Amsterdam: Elsevier. Schneider, H.J. (2001). Victimological Developments In the World During the last Three Decades: A Study of Comparative Victimology. In: A. Gaudreault & I. Waller (eds.) Xe Symposium International de victimologie. Textes choisis du symposium (pp. 19-68). Montréal: AQPV. Shapland, J. & Hall, M. (2007). What Do We Know About the Effects of Crime on Victims? International Review of Victimology Tahone, R. (1952) Le Consentement de la victime, Revue de droit pénal et de criminologie, 32342, 323-342. UNODCCP (1999). Handbook on Justice for Victims. New York: United Nations Office for Drug Control and Crime Prevention. Van Dijk, J.J.M. (1997) Het victimologische perspectif in het verleden, heden en toekomst. Tijdschrift voor criminologie. 39,4, 292-309. Von Hentig, H. (1948).The Criminal and His Victim. New Haven, CT: Yale University Press. Wemmers, J. (2003). Introduction à la victimologie. Les presses de l’Université de Montréal: Montréal. World Society of Victimology (2008). http://www.worldsocietyofvictimology.org/about.html Site accessed 14 November 2008.