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

Substantive Work of the ICC and ASP Recommendations
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The VPRS must adequately consult with participating victims to ascertain their views and
wishes in relation to legal representation, and take those views and concerns into account when
making proposals for common legal representation to the Chambers. Develop a systematic
approach to common legal representation, including adequate consultation with participating
victims. Take into account the resources and time needed for such consultation, and ensure that
best practices are adhered to.
Ensure that proposals for common legal representation are presented to the Chambers in a
timely manner, and not only weeks before a confirmation hearing or the start of trial. There has
been a consistent trend towards the appointment of common legal representation at a very
late stage in proceedings, as acknowledged by the Registry in its proposal for common legal
representation in the two Kenyan cases.
Guidelines will be essential to ensure that the distinct interests of victims of crimes of sexual
or gender-based violence, especially women and children, are protected when groups of victims
are represented by a common legal representative. Training on gender issues and increasing the
number of women on the List of Legal Counsel could also assist in ensuring that these distinct
interests are protected.
Increase promotion of, and access to, the ICC Legal Aid system. Initiate a review of Regulation
132 of the Regulations of the Registry to allow for a presumption of indigence for victims in
appropriate cases, including for women, indigenous communities, those under 18 years of age,
and those living in IDP camps. Streamline the process of applying for legal aid to minimise the
burden for victims and their legal representatives. Currently, legal counsels are required to reapply
for each intervention they wish to make for every proceeding.
Increase resources to, and the promotion of, the process for victims to apply for participant
status in the proceedings of the Court. The Court must make it a priority to inform women in the
five conflict Situations of their right to participate, the application process, and the protective
measures the ICC is able/unable to provide for victims.
Actively plan for the participation of women when seeking input from victims at the situation
phase, 2256 and put in place safeguards to address security concerns, including ensuring that
victim representations made under Article 15(3) remain confidential and are not accessible to
the Prosecution.
2256 In the Kenya Situation, despite the significant number of gender-based crimes reported in the post-election violence, under
half (40%) of individual victim representations received under Article 15(3) were from women. The VPRS, which managed the
process of gathering victim representations, noted that ‘despite conscious efforts by the VPRS to include as many women as
possible in the meetings organised with community representatives, this was not always easy to achieve, and in any event
women were always free to decide not to submit a representation’. ICC-01/09-17-Corr-Red, para 48.
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