European Instruments Concerning Victims of Terrorism Rights: Meeting Needs?

Although international cooperation in counter-terrorism has received increased academic attention in the post-9/11 environment, analyses on the international legal responses to the plight of victims of terrorism have been scarce in this period. On the one hand, the rights for victims of terrorism have tended to be placed at the international level under the broader heading of victims of crime in general. On the other, and in spite of United Nations’ relative inaction, regional actors in Europe have started to adopt in recent years (or are currently considering doing so) a number of specific policies relating to victims of terrorism. Instruments such as the 2002 European Union Framework Decision in Combating Terrorism or the 2005 Council of Europe Guidelines on the Protection of Victims of Terrorist Acts reflect a growing perception by experts and decision-makers that victims of terrorism have financial, medical and psycho-social assistance needs that may differ from those of victims of other crime. Whether these initiatives really contribute towards successfully addressing those needs in practice is the question at the core of this contribution. The paper therefore examines the relevance of these provisions in areas such as emergency assistance, access to justice, social recognition and others and it tentatively argues that, although the political symbolism of this response is very significant, questions remain about their actual practical impact, potential negative ramifications and their capacity to constitute a solid base for further European harmonisation in this area.