Gender Report Card on the International Criminal ... - YWCA Canada

States Parties/ASP Budget for the ICC
not be used in a way that would undermine
budgetary integrity’, and recommended that
the Court set out clear criteria and prioritisation
for what may and may not be included in
Contingency Fund notifications. 421 Noting that at
the time of the seventeenth CBF session ‘it was
unclear ... that the rate of expenditure under
the Contingency Fund would materialise’, 422 the
CBF recommended that the Court review its
proposed activities for which notification under
the Contingency Fund was required, to assess
whether all resources were still required. The
Court was also requested to prepare an updated
forecast to the ASP, including the expenditure
of both the regular budget and the Contingency
Fund notifications up to the end of November
2011. 423
The CBF also expressed concern that in its
proposed budget, the Court did not include a
number of potential costs, including interim
premises rent, Contingency Fund replenishment,
funds for the permanent premises, costs of
potential new situations (such as Côte d’Ivoire 424 )
or any requirement to call more of the six
judges to be elected in December 2011 to fulltime
service. 425 The Presidency had erroneously
informed the CBF that it would most likely not
need to call all of the six newly elected judges
to full-time service in 2012, but was unable to
provide assurances that this scenario would
be maintained. 426 The CBF noted that these
costs could potentially increase the budget to
€ 130 million. The CBF requested the Court
to set out clear criteria for notifications to the
Contingency Fund and submit this as a report to
the eighteenth session of the CBF. 427
421 ICC-ASP/10/15, Advance version, para 68.
422 ICC-ASP/10/15, Advance version, para 70.
423 ICC-ASP/10/15, Advance version, para 70.
424 On 3 October 2011, Pre-Trial Chamber III authorised
the Prosecutor’s initiation of an investigation into the
Situation in Côte d’Ivoire.
425 ICC-ASP/10/15, Advance version, para 77.
426 ICC-ASP/10/15, Advance version, para 104.
427 ICC-ASP/10/15, Advance version, para 68.
Legal Aid
Pursuant to Regulations 83, 84 and 85 of the
Regulations of the Court and Regulations 113 and
130-139 of the Regulations of the Registry, the
Registry shall provide legal assistance to all persons
with insufficient means to pay for their legal
counsel. Regulation 83 of the Regulations of the
Court provides that legal aid for the defence ‘shall
cover all costs reasonably necessary as determined
by the Registrar for an effective and efficient
defence, including the remuneration of counsel,
his or her assistants as referred to in regulation 68
and staff, expenditure in relation to the gathering
of evidence, administrative costs, translation
and interpretation costs, travel costs and daily
subsistence allowances’. 428 The Regulations provide
that the scope of legal aid for victims is to be
determined by the Registrar in consultation with
the Chamber. 429 When a person is eligible for legal
aid, the Registrar shall determine the applicant’s
means and whether he or she shall be provided
with full or partial payment of legal assistance. 430
The CBF report identifies legal aid as one of the
main cost drivers in the 2012 proposed budget,
and notes that it is likely to remain so for the
foreseeable future. 431 Increases in legal aid costs
represent close to an additional €5,000,000 in the
Court’s Proposed Programme Budget for 2012, 432
with the costs of legal aid for defence increasing
€2.5 million, amounting to a total proposed
budget of €3,583,200, and the costs for legal aid
for victims increasing €2.4 million, amounting to
a total of €3,990,500. 433 Although the proposed
budget for legal aid for victims is slightly higher
than that for legal aid for defence, the costs for
legal aid for defence for the period 2005-2011 has
been significantly higher than the costs of legal aid
for victims (€8,614,400 for defence compared to
€3,553,000 for victims’ legal aid). 434
428 Regulation 83(1), Regulations of the Court.
429 Regulation 83(2), Regulations of the Court.
430 Regulation 84, Regulations of the Court.
431 ICC-ASP/10/15, Advance Version, para 30.
432 ICC-ASP/10/10, para 243.
433 ICC-ASP/10/10, Table 52: Sub-programme 3190.
434 Expenditure as of 23 August 2011. ICC-ASP/10/15, Advance
version, Annex III, Table 2.
115