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

Substantive Work of the ICC and ASP Recommendations
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In courtroom proceedings, the Prosecution and Defence must continue to be mindful of the
manner of questioning witnesses or victims, in particular victims of sexual violence, and must
avoid aggressive, harassing and intimidating styles of questioning that have the effect of revictimising
these victims.
Continue and strengthen coordination between the OTP and the VWU to ensure that witnesses,
including women, minors, and victims of sexual and gender-based crimes, are safely supported
and protected.
Draft a code of conduct for counsel applicable to Prosecution counsel. The current Code of
Professional Conduct for counsel only applies to ‘defence counsel, counsel acting for States,
amici curiae and counsel or legal representatives for victims and witnesses practising at the
International Criminal Court’. 2254
Registry
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Promote the Lists of Counsel, Assistants to Counsel and Professional Investigators, and the List
of Experts to women. Highlight the need for expertise on sexual and gender-based violence
among all potential applicants, and seek such information in the candidate application form.
Currently, lawyers with this specialised expertise are not yet explicitly encouraged to apply. The
Registry should encourage applications from lawyers with this experience on the ICC website
and develop a ‘Frequently Asked Questions’ page to promote a better understanding of the
application process. The CSS should keep updated and accurate lists publicly available on the
Court’s website.
Prioritise the need for training individuals on the List of Legal Counsel and the List of Assistants
to Counsel on the gender provisions of the Rome Statute and interviewing/working with victims
of rape and other forms of sexual violence.
Rule 90(4) mandates that when appointing common legal representatives for groups of
victims, the distinct interests of individual victims are represented, and that conflicts of interest
are avoided. The Registry must ensure that all appointments of common legal representatives
remain faithful to this mandate, particularly when the group includes victims of sexual and
gender-based violence and/or child victims. 2255
2254 Article 1, Code of Professional Conduct for counsel, ICC-ASP/4/Res.1.
2255 In this regard, we note with particular concern the decision by Trial Chamber III, twelve days before the start of the Bemba
trial, in which victims were grouped into only two groups, on the basis of geographical location. Organising the legal
representation into only two groups may not be in the best interests of victims given the large number of individuals the two
legal representatives will have responsibility for during the trial. A total of 1,619 victims have been accepted to participate in
the Bemba case to date, who are represented by two common legal representatives (source: figures provided by the VPRS by
email dated 14 September 2011). In addition, arranging victims into groups according to geographical location, rather than
according to the nature of the crimes committed against them, may not serve the victims’ best interests, particularly given the
large number of victims of rape and other forms of sexual violence participating in the case. See ‘Statement by the Women’s
Initiatives for <strong>Gender</strong> Justice on the Opening of the ICC Trial of Jean-Pierre Bemba Gombo’, Women’s Initiatives for <strong>Gender</strong> Justice,
22 November 2010, available at .
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