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

Substantive Work of the ICC and ASP Recommendations
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Define, with urgency, a definition of ‘serious misconduct’, expressly including sexual violence,
rape, abuse and harassment.
Make explicit the need for a gender-competent IOM in the composition of its staff and
operational scope.
Ensure that the IOM develops procedures to refer cases to jurisdictions regarding allegations
of suspected criminal misconduct and to cooperate with national authorities to investigate and
prosecute such conduct. Particular attention should be paid to alleged cases of sexual violence,
given the variations in national jurisdictions regarding the definition of rape and other forms of
sexual violence, including sexual harassment.
Elaborate an outreach programme for the IOM to Court staff so that they are properly informed
of the IOM’s role, mandate and proceedings. The need for a continuous outreach activity within
the Court’s organs has been identified by the IOM Temporary Head following her preliminary
meetings with Court personnel.
Approve rules for the IOM that hold accountable (including, if appropriate, by termination
of employment) staff members found to have committed criminal offences or other serious
misconduct. The Staff Rules and the Staff Regulations should therefore ensure that all staff are
provided with training, including training of ICC personnel on the Court’s position on sexual
exploitation and abuse, so that there can be no misunderstanding regarding conduct that is
not acceptable and the potential consequences of such misconduct. ‘Serious misconduct’ in
this regard should be defined in applicable rules and regulations to expressly include, but not
be limited to, sexual violence, rape, abuse and harassment, and should result in automatically
waiving immunity for ICC staff. All staff should be provided with training on these rules.
Relying solely on national laws and authorities may not be sufficient in circumstances where
certain acts are not criminalised in the country within which they have occurred, but may be
criminalised by international law and laws applicable to a majority of States Parties and where
the alleged criminality is consistent with the definitions in the Rome Statute. In such instances,
particularly in relation to rape and other forms of sexual violence where national variations
exist in the definitions of rape, there should be a procedure for the IOM to be able to conduct
an investigation, reach its own determination and advise on the appropriate response to the
allegations.
Request the IOM to provide an annual report to the ASP, outlining the number and types
of allegations and complaints, the source (external, internal) and the number of allegations
relating to each division of the Court. In this way the IOM will be able to track patterns of
misconduct, waste or mismanagement within the Court and provide recommendations to
the Court for interventions to address the repetition of such conduct by particular divisions or
specific individuals. This ensures a systemic rather than incident-based approach to preventing
and addressing serious misconduct.
Ensure that the IOM Manual of Procedures includes provisions on whistleblower protection and
protection from retaliation.
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