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

Structures & Institutional Development Recommendations
Appointments and Recruitment
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All organs of the Court should reverse the growing trend of optional compliance with the Staff
Rules and Regulations regarding recruitment processes. There is an increasing practice by the
leadership within the ICC and those whom they direct, to consider Court policies and regulations
as guidelines rather than instructions which must be consistently applied. The Committee on
Budget and Finance (CBF) has noted on several occasions the lack of transparency in the Court’s
recruitment processes 260 and the lack of written administrative instructions. 261
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At the seventeenth session of the CBF, in 2010, the Committee noted that there were five
cases pending before the International Labour Organisation Administrative Tribunal. It is
unclear whether these cases relate to a breach of due process and non-compliance by the
Court in relation to the Staff Rules and Regulations, however such litigation appears to indicate
management and compliance-oversight functions within the Court are not sufficiently effective.
In addition, such cases may constitute a significant expense for the ICC. 262
The Court should implement effective human resource management practices to ensure that
all organs are always in compliance with the ICC Rules and Regulations and begin to establish
best practices in relation to recruitment and other processes. The Registrar and the Prosecutor
must ensure that the human resource units under their management are supported to monitor
deviations from the Rules and establish corrective interventions should such deviations be
identified.
The Court must be willing to address imbalances in gender and geographical representation
at mid-to-senior level positions as well as create an institution supportive of staff learning and
development.
The Heads of Organs and ASP must ensure there is a safe working environment for employees,
including an adequate and integrated internal system to deal with grievances, conflicts,
disputes and complaints including, but not limited to, sexual and other forms of harassment.
Strong disciplinary measures should be taken to address such harassment. A pattern of similar
behaviour by an individual should result in termination of their employment contract or in the
case of an elected official, removal from office.
Staff should feel safe and be encouraged to report improper or inappropriate behaviour or
actions which could compromise the good standing of the Court, including if such behaviour is
demonstrated by a Head of Organ or others in leadership positions, without fear of reprisals or
retaliations.
260 See the <strong>Report</strong> of the Committee on Budget and Finance on the work of its fourteenth session, ICC-ASP/9/5, 6 July 2010, para 55;
and the <strong>Report</strong> of the Committee on Budget and Finance on the work of its sixteenth session, ICC-ASP/10/5, 17 June 2011, para 57
and 60.
261 <strong>Report</strong> of the Committee on Budget and Finance on the work of its sixteenth session, ICC-ASP/10/5, 17 June 2011, para 57.
262 Since 2007, the Court has paid at least €270,941 to former staff members. In 2008 alone, the ICC was ordered by the International
Labour Organization Administrative Tribunal to pay approximately €190,000 to an individual for breach of due process by the
Office of the Prosecutor. (See ILO Judgment No. 2757, 105th Session, 9 July 2008). In 2010, €330,690 was indicated in the budget
for cases pending before the ILOAT. Administrative costs for ILOAT procedures since 2007 amount to €34,947. <strong>Report</strong> of the
Committee on Budget and Finance on the work of its seventeenth session, Advance Version, ICC-ASP/10/15, 6 September 2011, p 11.
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