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

Substantive Jurisdiction & Procedures
Evidence
The Rules of Procedures and Evidence (RPE) provide special evidentiary rules with
regard to crimes of sexual violence. Rules 70 (‘PRINCIPLES of Evidence in Cases
of Sexual Violence’), 71 (‘EVIDENCE of Other Sexual Conduct’) and 72 (‘IN Camera
Procedure to Consider Relevance or Admissibility of Evidence’) of the RPE stipulate
that questioning with regard to the victim’s prior or subsequent sexual conduct
or the victim’s consent is restricted. In addition, Rule 63(4) of the RPE states that
corroboration is not a legal requirement to prove any crime falling within the
jurisdiction of the Court and in particular crimes of sexual violence.
Participation
Article 68(3) of the Rome Statute explicitly recognises the right of victims to
participate in the justice process, directly or through legal representatives, by
presenting their views and concerns at all stages which affect their personal
interests. 299
Rule 90(4) of the RPE requires that there be legal representatives on the List of Legal
Counsel with expertise on sexual and gender-based violence.
Rule 16(1)(d) of the RPE states that the Registrar shall take ‘gender-sensitive measures
to facilitate the participation of victims of sexual violence at all stages of the
proceedings’.
Reparations
The Rome Statute includes a provision enabling the Court to establish principles
and, in certain cases, to award reparations to, or in respect of, victims, including
restitution, compensation and rehabilitation. 300 The Statute also requires the
establishment of a Trust Fund for the benefit of victims of crimes within the
jurisdiction of the Court, and for their families. 301
299 See also Rules 89-93 RPE.
300 Article 75. See also Rules 94 – 97 RPE.
301 Article 79. See also Rule 98 RPE.
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