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

Structures & Institutional Development Recommendations
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On 26 May 2011, a second regional campaign was launched by the Court. Unlike the Africabased
campaign, the Calling Arab Counsel campaign does not focus specifically on women
lawyers from the Arab world. Currently only nine appointees from this sub-region are on the List
of Legal Counsel, of whom only one is a woman. Only one appointee to the List of Assistants to
Counsel (male) comes from an Arabic speaking country.
From the outset the CSS should integrate gender-specific strategies within the Calling Arab
Counsel campaign and ensure that both female and male lawyers are made aware of the List of
Legal Counsel. In light of the proven impact of such strategies in raising the awareness amongst
female African lawyers, increasing applications from this population, and ultimately increasing
the number of female lawyers appointed to the List with the appropriate level of experience and
expertise, such strategies should be replicated for the new campaign. As a result of failing to
instigate any gender-specific measures prior to 2010, 76.5% of appointees to the List are men.
The number of male lawyers is three times higher than female lawyers for every region except
Eastern Europe.
Such campaigns must actively seek applications from lawyers with experience in prosecuting
cases of gender-based violence or representing victims/survivors of such crimes. This is
particularly important for the Calling Arab Counsel campaign given the low number of lawyers
from this region currently on the List of Legal Counsel, the allegations of rape and sexual
violence in the Libyan conflict and the existing charges for such crimes in three out of the six
arrest warrants and summonses to appear for Sudan.
In addition to the online promotion of the campaigns, other events, workshops and
information seminars for lawyers should be held within the targeted regions. CSS campaigns
must be linked to broader, integrated strategies and ensure that over time, the necessary skills
and expertise among lawyers on the List of Counsel will address the distinct interests of victims,
particularly victims of sexual or gender violence, as obligated under Rule 90(4).
The CSS should embark on a vigorous recruiting campaign to increase the number of women
on the List of Professional Investigators, as well as of individuals coming from the Situation
countries. Currently, only one woman is included in the list out of a total of 28 members, and
only one investigator comes from a Situation country (DRC).
Prioritise the need for training individuals on the List of Legal Counsel, the List of Assistants to
Counsel and the List of Professional Investigators on the gender provisions of the Rome Statute
and interviewing/working with victims of rape and other forms of sexual violence.
The ASP should fund a financial investigation function for legal assistance to assist with the
determination of indigence and support additional resources for the legal aid scheme.
The Court should have clear and transparent guidelines readily available for victims and
Counsel, and widely promote the legal aid scheme to ensure victims/survivors can access this
important mechanism. These guidelines would be a useful tool to better inform communities
and intermediaries about how the Legal Aid Programme operates, its eligibility criteria, and how
to both apply for Legal Aid and choose Legal Counsel.
A specific form to assess the indigence of victims should be developed as a matter of urgency.
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