Journal on Victimization, Human Rights and Gender

Temida journal on victimization, human rights and gender Volume 19 • Issue 3-4• 2016

Themes: Victimization and Internet Femicide

Victimology Society of Serbia is pleased to let you know that the 3-4 issue of the 2016 volume of Temida is now published.

Temida is the journal on victimization, human rights and gender, peer reviewed and accredited as an academic journal by Serbian Ministry of Science. Papers are mainly published in Serbian. Papers written in other languages are either translated in Serbian or published in the the language they are written in.

SUBSCRIPTIONS To order or renew your subscription and for further information please visit a link: http://www.vds.org.rs/TemidaTemeBrojevaZa2017Eng.htm

Introduction to the issue Theme: Victimization and Internet

ARTICLES Celebrities and Cyber Crimes: An Analysis of the Victimization of Female Film Stars on the Internet Debarati Halder Karuppannan Jaishankar

With the advent of internet and digital communication technology, online crimes targeting celebrities have gained a momentum. This article argues that, among the celebrities, actresses of Hollywood and Bollywood are particularly targeted online mainly because of their sex appeal and easy availability of contents including their images, video clippings, their private geo-location information, etc. The perpetrators are mostly fans who may wish to view the actresses as sex symbols. This article suggests that production houses should take primary responsibilities to prevent such victimisation and the actors themselves may avail legal policies such as right to be forgotten to approach the internet companies including search engines like Google to prevent victimisation and remove the offensive contents.

Keywords: cyber crime, victimisation, online harassment, pornography, female celebrities, right to be forgotten.

The Prevalence of Victimization and the Internet abuse in Student Population Vesna Baltezarevic Radoslav Baltezarevic Borivoje Baltezarevic

The Prevalence of Victimization and the Internet abuse in Student Population

The use of modern information technology has contributed to the creation of new media and virtual tools that contribute to mass social interaction. The Internet has enabled networking communicator, associating in virtual communities and the creation of parallel communication space. However, despite all the good things they bring with them, new technologies are leading to the emergence of various forms of victimization in the virtual space. The ability to communicate anonymously or through a fictitious identity on the new media platforms created a favorable climate for the operation of the ‟dark side” of the Internet. Violence on the Internet, known as the cyberbullying is becoming a topic for many researchers mainly focusing on research and description of the phenomenon in adolescent population. The paper aims to examine the theoretical aspects of cyberbullying and to present the existing research, as well as the results of the pilot research work on the social networks behavior of final year students of the Faculty of Culture and Media, conducted by the authors. The paper shows that violence on the Internet exists in this part of the student population. Keywords: Internet, new media, victimization, violence, students.

Internet Piracy and Consequences for Victims Miljan Savic Nikola M. Petrovic

After the evolution of technology made it possible to perform actions via the Internet that constitute copyright violations, the analysis of the effects of internet piracy on social welfare became the subject of academic polemics. The main and the biggest victims of Internet piracy are the holders of copyright and related rights, however, the damage that piracy causes them comes from multiple sources, is difficult to quantify and is only a part of the total social cost of piracy. However, there are other categories of victims, such as those whose honor was besmirched as a result of piracy, and who suffer the consequences in the form of negative emotional reactions, loss of job as well as those who subsequently commit suicide. The object of this paper is to describe the effects of internet piracy on the victims of this phenomenon, and the goal is the analysis of the various direct and indirect effects of piracy on victims and their motivation for future creation, as well as analysis of prevention measures, with special emphasis on the Republic of Serbia.

Keywords: internet, piracy, victims, prevention, Serbia.

Cyberbullying Victimization in Adolescents’ Population Marija Nesic

With the rapid development of communication technology and its wide use by the adolescents, cyberspace became a new risky environment for bullying manifestation and victimization. The significance of the problem lies in the fact that, unlike the traditional bullying, the cyberbullying victimization occurs also out of the school surroundings, it’s characterized by the possible anonymity of the bully, it’s harder to discover it and it could have a much bigger audience. Results of numerous studies show that the prevalence of cyberbullying victimization is 10% to 40% during one school year and that it is related to different negative outcomes - from problems of lower self-esteem to severe psychological and behavioral problems. The aim of the paper is to present basic characteristics and negative outcomes of cyberbullying victimization and also to summarize possible factors which are associated with this form of bullying. Lastly, possible ways of preventive action and coping with cyberbullying victimization will be reviewed.

Keywords: cyberbullying, victimization, adolescents, prevention.

FEMICIDE

The Reaction to Femicide in Criminal Law Ana Batricevic Misogynous and sexist violence against women, which often results in death, represents a global problem. Numerous international and national legal instruments are dedicated to the prevention and sanctioning of violence against women. However, the reality implies that existing mechanisms of penal reaction to femicide, as its most extreme and brutal form, should be re-examined. Having in mind the frequency and severe consequences of this criminal offence and the discriminatory character of the message that the state sends by tolerating it or inadequately punishing its perpetrators, the author attempts to define femicide, to present basic forms of state reaction to femicide in comparative law as well as to analyze the features of femicide as an independent criminal offence. Arguing for the incrimination of femicide as an independent criminal offence, or as a special form of aggravated murder, the author points out that such solution could contribute to more precise observation of this form of crime, to a better estimation of the quality of the state's reaction to it and to its more efficient suppression.

Keywords: femicide, gender based violence, murder, criminal law, hate crime.

The Femicide as a Part of the Culture of Violence Olivera Pavicevic Hajdana Glomazic Ljeposava Ilijic

In the paper femicide is analyzed as a gender-based violence whose origin is in feminicide. Feminicide is a term which designates social, cultural and ideological construction which survives in the continuity of institutional weakness. Gender-based violence appears as a mixture of institutionalized misogyny, patriarchate and abolition of women`s rights as human rights. The paper starts from the assumption that the basis of feminicide is in the continuity of the culture of violence and ideological matrices which promote adversarial discourse toward women, where amplified social and cultural tensions move to the sphere of gender-based violence. Femicide, as a visible and manifest violence, derives from the invisible institutional structure in which violence is continual, cyclical and reproductive. The subject of this paper is the attempt to get an insight into the invisible background of femicide as a form of violence rooted in feminicide. Its aim is contextualization of femicide into the existing structure of violence, and an analysis of some aspects of its social and cultural origin.

Keywords: femicide, feminicide, violence, women, patriarchal ideology, adversory.

OTHER ISSUE ARTICLES Cinematic Narratives of Sonderkommando: Son of Saul or Narrating the Victim, Perpetrator, Trauma and Death Nevena Dakovic

The aim of this paper is to map out – by analysing the film Son of Saul, but also by its comparison with two other films dealing with the topic, Himmelkommando and The Grey Zone, the narrative mechanism that satisfies the complex ethical and aesthetical demands imposed by the theme of Sonderkommando as the particular episode of the Holocaust. The key element of the narrative structure is the construction of the Levi’s ‟dead and drowned” witness who ‟resurrected” through the narrative intervention becomes the only reliable and credible narrator of the historical trauma. The prerequisite for his emergence is the narration and representation of the death which makes but also solves the traumatised – understood as multiple, fragmented, opposed – identities of the members of the special squad. Their entangled identity involves the simultaneous presence of a victim, perpetrator, witness and the authentic narrator of the trauma of the death camp. The death of the perpetrator is the condition sina qua non for the emergence of the figure of the victim-witness-narrator but also for making of narrative which overcomes the initial trauma of the Holocaust. The detailed analysis of the film Son of Saul confirms and identifies these narratives as the modernist narration of the post-traumatic film.

Keywords: victim, perpetrator, witness, narrator, Sonderkommando, film.

Categorization of Crime Victims: Comparing Theory and Legislation Besa Arifi

This article aims to analyze the categorization of victims by several victimological schools and to compare that to the categorization in the Criminal Procedure Code of Macedonia (CPC). The first part of this article analyzes different theoretical categories of victims, taking into consideration approaches of representatives of positivist, conservative, radical and critical victimology. A parallel is drawn between theoretical and legislative categorization of victims. Many countries have reformed their criminal legislation providing certain rights to the victim of crime. The second part of the article discusses the categorization of the victims within the CPC of Macedonia. Categorization of the victims is linked to their separate rights guaranteed by law. The article draws certain conclusions and recommendations regarding the categorization of victims and their specific rights. The importance of effective implementation of the guaranteed rights for the victim is especially emphasized.

Keywords: victims, victims’ rights, categorization of victims, Macedonia.

The Right to the Truth of Victims of a Repressive Regime in the International Public Law Miroslav Stevanovic

The break-up with the repressive regime, and above all rehabilitation of the consequences for victims, includes determining the truth about the character, carriers and methods of systematic violation of basic human rights. Many international instruments, which deal with the problem of victims of repressive regimes and the state discontinuity with repressive governance, proclaim the concept of the right to the truth. The paper deals with the normative contents of the right to the truth and different aspects of this concept that international courts recognize in relation to victims of repressive regimes. The results of the analysis indicate that the concept of the right to the truth sets before the states requirements to try to provide institutional preconditions for individual and collective victims to find out and access the truth, but that the case-law does not recognize as enforceable any authorisation which stems from the right to the truth. Currently, the right to the truth presents a principle that relates to realising some internationally protected rights of a person, but there are indications that it has been normatively shaping in order to become a legal principle of transition.

Keywords: the right to the truth, repressive regime, rights of victims of repression, availability of the truth, truth-seeking.

Challenges of the Reform of the Position of Juvenile Victims of Crime in the Republic of Serbia Filip Miric

The paper offers an analysis of the possible directions of the reform of juvenile criminal legislation with regard to the position of juvenile victims of crime in Serbia. The paper analyses provisions of national and international legal acts, relevant and important for the legal protection of juvenile victims. The aim is to point out the challenges and problems in the process of reform of juvenile law, which are directed towards building a ‟child- friendly justice” system. In this way, as the author points, it is possible to get valuable information on which direction the reform of juvenile criminal legislation should go in order to provide basis for prevention of secondary victimization of juvenile victims of crime in the criminal procedure.

Keywords: criminal law, juveniles, reform, juvenile justice system, Serbia.

PROJECT REVIEW

Transnational Cooperation of Researchers in Study of Femicide – COST Action IS1206 Femcide Across Europe 2013-2017 Ljiljana Stevkovic

CONFERENCE REVIEWS Disciplining and Taking Restorative Justice forward: From Research and Theory to International Policy and Practice (3rd International Symposium on Restorative Justice) Jasmina Nikolic Vesna Nikolic-Ristanovic

Assigning ‟Andjelka Milic” Awards Milica Resanovic

BOOK REVIEWS

R. Emerson Dobash and R. P. Dobash When Men Murder Women Ljiljana Stevkovic

We are looking forward to a successful cooperation.

Vesna Nikolic-Ristanovic Editor-in-Chief