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

Substantive Work of the ICC and ASP Recommendations
Governance
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Strengthen the Court’s institutional framework and existing management structure to
support the increasing work of the Court.
The ASP should ensure that the bodies within the court responsible for compliance,
including compliance with rules and regulations, are working and that quality management
procedures are in place. The ASP, as part of their governance duties, should actively review
reports of the respective bodies, while leaving actual management to the appropriate
bodies.
The Court should strengthen quality management procedures to ensure that they meet
professional standards.
The ASP Study Group on Governance (SGG) should seriously consider the relevant issues
for the OTP within each cluster group.
Budget
To the ASP
n Approval of the annual Court budget should be based on the needs of the Court and
expert assessments. In its annual review of the budget, the ASP should ensure the Court
is sufficiently funded to effectively carry out its mandate, and that it exercises the most
efficient use of resources for maximum impact. Under-resourcing could hinder the Court’s
work in significant areas, such as investigations, outreach and field operations. It could also
affect the Court’s ability to adequately protect witnesses, victims and intermediaries during
trial, and limit resources necessary to facilitate victim participation in the proceedings.
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The ASP should significantly increase the resources available to the Victims and Witnesses
Unit (VWU) to enable them to address their full mandate to provide support and protection,
not only to witnesses but also to victims and intermediaries whose lives may be at risk as
a result of engaging with, or assisting ICC enquiries and investigations or at risk as a result
of testimony provided by a witness. 2238 Currently victims and intermediaries are excluded
from the security provisions of the Court and as such participate or assist the ICC at great
risk to themselves, their families and their communities. In its proposed budget, the VWU
reduced the number of areas budgeted for in the Initial Response System and the number
of witness relocations in the Kenya Situation and plans to reduce the cost of local protective
measures in the CAR, the DRC and the Kenya Situations. 2239 This is problematic considering
the continuous reports of growing security concerns for many victims in particular in the
Kenya Situation. Consultations with victims by the two Legal Representatives in both Kenyan
cases illustrated that many victims expressed grave concern about their personal security
situation as a result of having applied as a victim before the ICC. 2240
2238 Rule 16(2).
2239 ICC-ASP/10/10, p 124-128.
2240 ICC-01/09-01/11-292; ICC-01/09-02/11-267.
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