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- Title
Reimagining Harm, Voice, and Redress: Toward a Victim-Centered Approach in the Anti-corruption Space.
- Authors
Butuyan, El Cid
- Abstract
There is a "missing victim" problem in the anti-corruption field. While it is often said that "corruption kills,"1 courts, prosecutors, and regulators often ignore the victims of corruption. Over the past decade, there has been a proliferation of norm articulation, policy drafting, and rulemaking on what constitutes corruption-related misconduct and what the appropriate penalties are. But deep ambiguity and confusion persist about the harms caused by corruption and what remedies are appropriate. These shortcomings are evident both in legal literature and in prevailing anti-corruption policies and strategies. This Article explores how substantive gaps and procedural missteps plague existing approaches to anti-corruption because the voice and role of victims have been both underappreciated and undertheorized. I go on to call for a victimcentered approach that focuses on designing measures for remediating the harm caused by corruption. Putting victims at the center of anti-corruption reform efforts can provide the impetus for exploring new legal tools and strategies for removing current obstacles that prevent victims from obtaining relief. This shift in focus can result in a virtuous circle of reinforcing effects: victim-initiated legal actions have the potential to supplement enforcement efforts, enhance detection of corruption, heighten deterrence, and strengthen the legitimacy of various anticorruption measures.
- Subjects
CORRUPTION; VICTIMS; DETERRENCE (Military strategy); SOCIAL justice; RULE of law
- Publication
Berkeley Journal of International Law, 2020, Vol 38, Issue 3, p400
- ISSN
1085-5718
- Publication type
Article
- DOI
10.15779/Z38707WP78