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

Substantive Work of the ICC and ASP Recommendations
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In reviewing the system of legal aid to victims, ensure that the right of victims to choose
their legal representative, as set out in Rule 90(1), is respected. Of particular concern in the
CBF’s recommendations for a revision of the system of legal aid is the suggestion to internalise
victims’ legal representation. While the right of victims to choose their legal representative
is subject to the Chamber’s prerogative to manage the proceedings, victims should not feel
pressured into agreeing to a common legal representative and should be provided with
accessible information about all available options associated with legal representation and their
rights as applicants before the ICC. In addition, the possibility to choose external legal counsel
has a number of benefits that would be lost with a full internalisation of victim representation,
including allowing for counsel with local knowledge (eg language and culture) and allowing
victims, especially victims of sexual violence, to choose a female counsel who may have expertise
important to them, such as experience representing victims/survivors of sexual and genderbased
violence.
Approve the post of Financial Officer requested by the Trust Fund for Victims. In addition, the
TFV is adding three new GTA positions: one Legal Adviser, one Financial Officer and one Field
Programme Assistant. While the CBF recommends that the position of Financial Officer not be
approved and that the assistance to the TFV on financial matters be made a priority task for the
Senior Executive in the Immediate Office of the Registrar, 2243 the three posts are justified on the
basis of ensuring financial and legal expertise within the TFV and in turn develop its credibility
in administering reparations.
Maintain the role of the CBF as an expert body and refrain from further reducing the budget
beyond the recommendations of the CBF. States have an opportunity to query the budget
during the CBF process and can participate in the review of the budget. Once the CBF report and
recommendations are completed, it is not advisable or productive for States to second-guess the
detailed review and consideration given to the budget by the CBF.
Ensure that the Court’s budget remains demand-driven, and not resource-driven as suggested
by a number of States. A resource-driven budget would stand in stark contrast with the Court’s
criminal justice mandate, which is essentially demand-driven. Appreciating the current
economic situation, States should remember the importance of providing sufficient funds for
the ICC to carry out its mandate as a criminal court.
To the Court
n The Court should accurately and with specificity present its budget proposals to the CBF. The
Court must prioritise improvements in its budget process as well as embark on longer term
financial planning. This year the Committee on Budget and Finance (CBF) noted a number of
budget issues, including the unprecedented number of potential expenses which were not
contained in the 2012 proposed budget. 2244 They also noted the significantly higher expenses in
the Judiciary which had been miscalculated in the 2012 budget submitted by this organ to the
CBF. 2245 The Presidency had not accurately considered the number of the newly elected judges
required for the expected cases in 2012, amounting to an additional expense of approximately
€1 million.
2243 ICC-ASP/10/15, para 140.
2244 ICC-ASP/10/15, Advance version, p 8.
2245 ICC-ASP/10/15, Advance version, p 7.
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