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

Substantive Work of the ICC and ASP Recommendations
Office of the Prosecutor
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Strengthen the investigatory strategies developed and overseen by the Executive
Committee to ensure sufficient evidence is collected to be able to sustain charges for genderbased
crimes. Currently, the Pre-Trial Chamber refused to confirm 33% of all charges of genderbased
crimes sought by the Prosecution. 2251
Urgently review the Prosecution’s strategy for the investigation and presentation of evidence
of gender-based crimes. For example, ensure that all documents presented to Chambers
clearly specify the links between the facts and the elements of each crime alleged, thereby
demonstrating the need to charge distinct crimes for the purpose of addressing different types
of harm experienced by the victims.
The OTP, in particular the Prosecutor, should demonstrate willingness to comply with Court
orders to ensure trials and other proceedings fulfil the highest standards of international
criminal law. Adherence to judicial orders is essential for effective management, by judges, of
legal proceedings.
In addition to the Special Adviser on <strong>Gender</strong> Issues, the OTP should appoint full-time internal
gender experts in both the Investigation and Prosecution Divisions. Given the increase in cases
and investigations, more staff with gender expertise will be required to ensure the integration
of gender issues within the heightened case load expected next year; this includes seven
active investigations, maintenance of nine residual investigations, monitoring of at least eight
potential Situations, 2252 and a potential six trials. 2253 <strong>Gender</strong> expertise within the OTP is essential
to further strengthen the strategic impact of the Special Adviser, to support institutional
capacity on these issues, and to enhance the integration of gender issues in the discussions and
decisions regarding investigations, the construction of case hypotheses, the selection of cases
and the prosecution strategy.
The OTP must develop the procedures for, and more effectively manage, the engagement of
credible local intermediaries in relation to their work with the Office in locating and liaising with
potential and actual witnesses.
2251 Ten out of fifteen charges (66.6%) of gender-based crimes were confirmed in the Bemba and Katanga & Ngudjolo cases. Two
charges of outrages on personal dignity were not confirmed in the Katanga & Ngudjolo case (eight charges of rape and sexual
slavery went forward to trial), while two counts of torture and one count of outrages on personal dignity were not confirmed
in the Bemba case (two charges of rape were confirmed against Bemba). 40% of gender-based crimes (6 out of 10) were not
successfully confirmed in these two cases. The offences of rape as a crime against humanity and rape as a war crime were
confirmed in the Bemba case, while torture as a war crime, torture as a crime against humanity and outrages on personal
dignity as a war crime were not confirmed. In the Katanga & Ngudjolo case, the crimes of rape as a crime against humanity,
rape as a war crime, sexual slavery as a crime against humanity and sexual slavery as a war crime were confirmed, but the
crime of outrages on personal dignity as a war crime was not confirmed.
2252 ICC-ASP/10/10, p 3. Please note that the figure related to the seven active investigations includes the Situation in Côte d’Ivoire,
for which investigations were authorised by Pre-Trial Chamber III on 3 October 2011, after the 2012 Proposed Programme
Budget was prepared.
2253 Estimate of the Women’s Initiatives for <strong>Gender</strong> Justice based on ongoing trial proceedings in the Katanga & Ngudjolo and
Bemba cases; commencement of trial proceedings in the Banda & Jerbo case subject to the resolution of interpretation issues;
and commencement of trial proceedings in the Ruto et al, Muthaura et al, and Mbarushimana cases subject to charges being
confirmed.
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