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

Policies and Internal Audits
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The Prosecutor and the Registrar should instigate an employment policy, or integrate relevant
provisions within the existing Staff Code of Conduct, regarding personal relationships between
employees or between employees and elected officials. Such a policy should address the
complexity of such a situation particularly where one party reports to the other, either directly
or indirectly. Any employment policy about relationships at work is intended to ensure that staff
do not commit, and are not open to allegations of, acts of inappropriate behaviour, favouritism,
abuse of authority or conflict of interest. 285 It is also intended to ensure that all employees feel
confident of fair and consistent treatment without the fear that a relationship will influence
their or other employees' treatment or wider working relationships. 286 Among other issues, this
policy should:
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Ensure that the rights of both parties, particularly the rights of the more junior employee,
are protected. Parties should refrain from any actions which could indicate or create the
perception that relevant parties may receive unfair advantage or preferential treatment
because of the relationship; 287
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Safeguard against a breach of confidentiality and avoid actions or relationships that may
conflict or appear to conflict with job responsibilities and the best interests of the ICC;
Avoid the perception of impropriety within the Court and each of its organs; and
Require the parties to report the relationship to their immediate manager in order for steps
to be taken to avoid the issues outlined above. Should one such party be an elected official
eg the Prosecutor or a Judge, then such an individual should report the relationship to the
President of the ASP. Should a series of such workplace relationships occur by the same
individual(s) or a pattern of similar behaviour emerge, then the appropriate action by the
relevant manager or Head of Organ should be taken. Where the person responsible for such
behaviour is an elected official, then such actions should be reported to the ASP President
and Bureau as a disciplinary matter. The President and Bureau are to be guided in their
response to such a situation according to the process outlined in Article 46 of the Rome
Statute.
285 See , last consulted on
1 November 2011.
286 Ibidem.
287 Examples of ‘unfair advantage’ or ‘preferential treatment’ may include, but are not limited to, promotions; transfers (either
horizontal or vertical) into or within the division or organ where one party to the relationship holds a leadership position;
selection without due process for attendance at prestigious events and travel privileges, among other areas.
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