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

Judiciary – Key Decisions Victim Participation
Darfur
No new victim participants have been accepted in
the Darfur Situation since 30 September 2009. 1766
Although an additional 69 applications for victim
participation in the Darfur Situation and associated
cases have been received since 30 August 2010, 1767
no victims have been accepted to participate in the
Situation or any associated case (with the exception
of the Banda & Jerbo case, discussed below) during
the period covered by this <strong>Report</strong>. It is unclear from
the public record whether any of the applications for
participation at the Situation stage of proceedings
have been transmitted to the Chamber. The Darfur
Situation and cases account for less than 4% of the
total victims accepted to participate in proceedings
before the Court, 1768 the second lowest total of
any Situation behind Uganda. Of the 11 victims
accepted to participate in the Darfur Situation prior
to September 2009, eight were men and three were
women. 1769
The Prosecutor v. Ahmed Mohammed Harun
& Ali Muhammed Ali Abd-Al-Rahman
(‘Kushayb’)
No new victims have been accepted to participate in
the Harun & Kushayb case during the period covered
by this <strong>Report</strong>. 1770 Only 6 victim participants have
been accepted in the case to date, all of whom were
male. 1771 These 6 victims had initially been accepted to
participate at the pre-trial phase of the case against
President Al’Bashir. 1772 No information is available
on the breakdown of the number of applications for
participation in the Harun & Kushayb case registered
by the VPRS since 30 August 2010. 1773
The Prosecutor v. Omar Hassan Ahmad
Al’Bashir
No new victims have been accepted to participate in
the Al’Bashir case during the period covered by this
<strong>Report</strong>. 1774 Only 12 victim participants have been
accepted in the case to date, all of whom were male, 1775
and no new victim participants have been accepted in
the case since 10 December 2009. 1776 No information
is available on the breakdown of the number of
applications for participation in the Al’Bashir case
registered by the VPRS since 30 August 2010. 1777
The Prosecutor v. Bahar Idriss Abu Garda
A total of 87 victims were accepted to participate in the
proceedings against Abu Garda; 45 were men and 42
were women. 1778 However, following the confirmation
of charges hearing in that case, Pre-Trial Chamber I
declined to confirm any charges against Abu Garda in
its decision of 8 February 2010. 1779 Although the ICC
website lists the case against Abu Garda as closed,
no official public decision has been issued regarding
the current status of the 87 participating victims in
the case. 1780 However, as will be discussed further
immediately below, all 87 victim participants have
re-applied for participation in the Banda & Jerbo case
and were accepted to participate in a decision of 29
October 2010. 1781 The Abu Garda and Banda & Jerbo
cases relate to the same incident (the attack on UN
peacekeepers at the MGS Haskanita base) and involve
the same charges, thus victims who have satisfied
the requirements for participation in relation to one
case would have no difficulty satisfying the same
requirements in relation to the other.
1766 According to figures provided by the VPRS by email dated
14 September 2011.
1767 According to figures provided by the VPRS by email dated
14 September 2011.
1768 Only 118 of the 3,182 victim participants accepted
by the Court to date relate to the Darfur Situation or
associated cases, a total of 3.71%.
1769 See <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 191.
1770 According to figures provided by the VPRS by email dated
14 September 2011.
1771 See <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 191.
1772 See further <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 203.
1773 According to figures provided by the VPRS by email dated
14 September 2011.
1774 According to figures provided by the VPRS by email dated
14 September 2011.
1775 See <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 191.
1776 See further <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 204.
1777 According to figures provided by the VPRS by email dated
14 September 2011.
1778 See <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong> 2010, p 191, 203.
1779 ICC-02/05-02/09-243-Red. See also <strong>Gender</strong> <strong>Report</strong> <strong>Card</strong>
2010, p 109-110.
1780 The information provided by the VPRS by email dated
14 September 2011 did not include these 87 victim
participants in its figures, nor have they been included in
the figures analysed in this <strong>Report</strong>.
1781 ICC-02/05-03/09-89.
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