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

Judiciary – Key Decisions Victim Participation
In 2005, standard application forms were
developed by the VPRS to facilitate victims’
applications. A booklet explaining the functions
of the Court, victims’ rights and how to complete
the participation and reparations forms was
made available on the Court’s website, along
with the standard application forms. In
2009, the Court undertook a review of these
application forms in consultation with civil
society. The new forms were introduced on
3 September 2010 and are available on the
ICC’s website. 1675 They are considerably shorter
than the original form, having been reduced
from 17 pages to 7, and appear to have been
made simpler and clearer to complete. The
new form also combines the applications for
victim participation and victim reparations
into one document. However, it remains to be
seen in practice whether applicants for victim
participation will encounter difficulties in
completing the new forms.
From 2005 until the end of August 2011, the
Court has received a total of 6,156 applications
from persons seeking to participate as victims
in proceedings before the Court. 1676 This is a
noticeable increase on previous years and shows
a concerted trend of continuous increases
in applications for victim participation at
the Court. Between 30 August 2010 and 1
September 2011, the Court received 2,577
applications for participation. 1677 Between
1 October 2009 and 30 August 2010, the
Court received 1,765 applications for victim
participation, 1678 while the total number of
applications for participation received between
1675 ‘Forms’, available at , last
visited on 26 October 2010.
1676 These figures were provided by the VPRS by email dated
14 September 2011, and include information on the
number of victim participation applications received
as of 1 September 2011 and the number of applicants
authorised to participate in proceedings as of 1
September 2011 (hereinafter ‘VPRS email’).
1677 Based on figures provided by the VPRS by email dated 14
September 2011.
1678 See <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 185.
2005 and 30 September 2009 was 1,814. 1679 Of
the 6,156 applications for participation which
have been received by the Court, 3,182 have
been accepted as participating victims as of 1
September 2011, a total of just under 52%. 1680
The figure of 3,182 participating victims is a
significant increase on previous years. As of 30
August 2010, only 974 victims had been granted
the right to participate in proceedings – in the
subsequent 12 months, the Court has granted
victim participant status to a further 2,295
applicants, more than double the previous total
of all accepted applications since 2005. 1681
Given the evolution of the work of the Court
and the consistent increase in the number of
Situations and cases under investigation by
the Court, and with it the immense increase of
victims applying to participate in proceedings,
the Court has been faced with challenges in
attempting to strike a balance between the
efficient conduct of proceedings, the rights
of the accused to a fair and expeditious trial,
and the rights of victims to have their views
and concerns represented in the proceedings.
Facilitating the process by which victims,
through their participation before the Court,
can provide testimony, ‘tell their story’ and
have a recognised voice in the proceedings, is
a vital part of the justice process and a crucial
component of the accessibility of the justice
experience for victims/survivors. For several
years there have been significant challenges,
both practical and procedural, for the VPRS in
managing the application process for victim
participation, as well as its methodology for
consulting with victims and the strategies to
inform victims of their rights. In addition, the
body responsible for general outreach, the
Outreach Unit within the Public Information
1679 See <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2009, p 95.
1680 Based on figures provided by the VPRS by email dated 14
September 2011.
1681 Based on figures provided by the VPRS by email dated
14 September 2011. See also <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p
189.
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