The Rome Statute on victim participation. The Rome Statute contains several provisions relating to the rights of victims to participate in the proceedings before the Court. Notice is a necessary component of such participation. Article 68, for example, states that where the personal interests of the victims are affected, the Court “shall” permit their views and concerns to be presented at appropriate stages of the proceedings, by the legal representatives of the victims, in accordance with the Rules of Procedure and Evidence. The statute further specifies that victim participation is mandatory at several stages.¹ Where victim participation is envisioned in the statute, either in article 68 or elsewhere, there is concomitant need for notice.

Recognition of rights of victims in justice process. The UNGA Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power as well as the Final Report of the Special Rapporteur on the Right to Restitution, Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms recognize the right of and need for victims to be involved in the process of seeking justice.² Many national jurisdictions recognize the right of victims to participate directly in judicial proceedings, especially where human rights violations are involved. Modern legal doctrine in some civil law systems recognizes the right of victims to be informed at different stages of the process, such as motion hearings, date of trial, appeals, judgment, etc.³ This is consistent with the civil law tradition of allowing victim participation as a Partie Civile. Secondly, class action proceedings in some national jurisdictions and mechanisms for handling “mass claims” provide good precedents and models for handling large numbers of complainants effectively.

The Women’s Caucus recognizes that a balance must be sought between the need to allow victim participation throughout the judicial proceedings and the need for an expeditious and orderly process. This balance can be achieved by providing clear guidelines regarding when victims may participate, and by granting the Court discretion to specify the form and manner of such participation.

Stages At Which Notice Should Be Given To Victims:

• Prosecutor’s application to the Pre-Trial Chamber to proceed with an investigation under article 15(3)
  Article 15(3) states that victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
  
• Decision by the Prosecutor under article 53(1)(c) not to proceed with an investigation
  Article 15(6) requires the Prosecutor to inform those who provided information of his/her decision not to proceed with an investigation. This will often be a victim or entity acting on behalf of a victim. Article 53(1)(c) requires that the interests of victims be taken into consideration in the Prosecutor’s decision to initiate an investigation.
  
• Decision by the Prosecutor under article 53(2) not to proceed with a prosecution
  Art. 54(1)(c) requires the Prosecutor to respect the interests and personal circumstances of victims and witnesses during the investigation.
  
• Review of the prosecutor’s decision, upon investigation, not to proceed with a prosecution under article 53(3)(a)
  
• Prosecutor’s application for a warrant to arrest a person under article 58 where the application is public
  
• Application by an accused for interim release pending trial under article 60
  
• Pre-Trial Chambers’ determination that a provisional release of the accused is warranted.
  
• Confirmation of Charges under article 61
  
• All conferences, hearings and motions
  
• The filing of appeals, dates of hearing and disposition of appeal