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

Substantive Work of the ICC and ASP Recommendations
Judiciary
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Ensure that Rule 90(4) of the Rules of Procedure and Evidence is respected in the appointment
of common legal representatives for groups of victims, by ensuring that the distinct interests
of individual victims, particularly the distinct interests of victims of sexual and gender-based
violence and child victims, are represented and that any conflict of interest is avoided.
Ensure that requests to the Registry for a proposal for the common legal representation of
victims in the proceedings are made in a timely manner, so as to allow for sufficient time to
consult with and seek the input from victims to ascertain their views and wishes in relation to
legal representation. 2248
Ensure that victims participating in the proceedings can easily access the modalities that have
been granted to them. In this regard, the Court should take steps to streamline the process
whereby participating victims do not need to apply to participate at each phase of proceedings
including interlocutory appeals. Expansive, meaningful participation by victims is not
incompatible with the rights of the accused and a fair and impartial trial.
Continue to allow the active participation of victims, through their legal representatives, in
proceedings including their ability to present evidence and to question witnesses.
The Victims’ Form for Indigence should be finalised and approved by the judges as a matter
of urgency. This has been pending approval since 2006. The form is the basis for assessing
whether an individual qualifies for the Legal Aid Programme, which would enable her or him to
engage Counsel to represent his or her interests. For many victims, the Legal Aid Programme
represents her or his only means to have representation before the ICC. The Victims’ Form for
Indigence must be accessible for victims and intermediaries to understand and must be handled
with complete confidentiality to ensure the safety of both.
Continue utilisation of the special measures provided in the Rome Statute and the Rules of
Procedure and Evidence to facilitate the testimony of victims of sexual violence. The effective use
of these provisions this year by Trial Chambers I, II and III reflect the importance and necessity of
such measures.
2248 Although common legal representation in the Banda & Jerbo case was arranged well in advance of the trial date, the proposal
for common legal representation was submitted months after the confirmation hearing took place. Of similar concern is the
decision by Trial Chamber III twelve days before the start of the Bemba trial, in which the Chamber decided that the victim
participants, until that time represented by the OPCV, would be represented by two external common legal representatives.
The victims were distressed and upset by this decision as, until that time, they had relied on the bond previously established
with representatives of the OPCV with whom a relationship of trust had been formed. Victims expressed to us their concern
that their interests and the particularities of each of their experiences may not be well represented given the new legal
representatives did not know them, their circumstances, the crimes committed against them and the impact of these acts.
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