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Rape,
Sexual Slavery, Enforced Prostitution, Forced Pregnancy,
Enforced Sterilization and other Sexual Violence.
The ICC Statute explicitly recognizes rape, sexual
slavery, enforced prostitution, forced pregnancy, enforced
sterilization and other grave forms of sexual violence as
war crimes in international and non-international armed
conflict as well as crimes against humanity. (Articles
8(2)(b)(xxii), 8(2)(e)(vi) and 7(1)(g) )
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Persecution and Trafficking.
In addition to the crimes of sexual and gender violence
discussed above, persecution is included in the ICC
Statute as a crime against humanity and specifically
includes for the first time the recognition of gender as a
basis for persecution. The ICC
Statute also includes trafficking as a crime against
humanity as among the crimes of enslavement. (Articles
7(1)(h), 7(1)(c) and 7(2)(c) )
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Genocide.
The ICC Statute adopts the definition of genocide accepted
in the Genocide Convention. (Article 6)
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Non-discrimination.
The Statute specifically states that the application and
interpretation of law must be without adverse distinction
on the basis of enumerated grounds, including gender.
(Article 21(3) )
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Witness
Participation and Protection.
The Court has an over-arching responsibility to protect
the safety, physical
and psychological well-being, dignity and privacy of
victims and witnesses, taking into account all relevant
factors, including age, gender, health and the nature of
the crime. The Court may take
appropriate protective measures in the course of a trial,
including in camera proceedings and allowing the
presentation of evidence by electronic means. In addition,
the Prosecutor is required to take these concerns into
account in both the investigative and the trial stage.
(Article 68)
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Victim
Witness Unit.
The statute provides for the creation of a Victims and
Witnesses Unit (VWU) within the Court's registry (in
recognition that protection of witnesses should be
independent of prosecutorial imperatives). The VWU will
provide protective measures, security arrangements,
counseling and other appropriate assistance for victims
and witnesses who appear before the Court, and others at
risk on account of their testimony. (Article 43)
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Participation.
The statute explicitly recognizes the right of
victims/survivors 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. (Article 68(3) )
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Reparations.
The 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. (Article
75)
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Women
on the Court.
The statute requires that
the need for a "fair representation of female and male
judges" be taken into account in the selection process.
The same provision applies to the selection of staff in
the Office of the Prosecutor and in the Registry. (Article
36(8)(a)(iii); Article 44(2) )
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Expertise in Trauma
The Registrar is required
to appoint staff with expertise in trauma, including
trauma related to crimes of sexual violence. (Article
43(6) )
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Legal
Expertise on Violence Against Women.
The statute
requires that, in the selection of judges, prosecutors and
other staff, the need for legal expertise on violence
against women or children must be taken into account. This
provision is in recognition of the significance of crimes
against women, and the need for expertise at every level
to ensure these crimes are effectively investigated and
prosecuted. To achieve this it is imperative that
individuals with expertise in the investigations and
prosecutions of gender crimes are recruited by the Court.
(Articles 44(2) and 36(8) )
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Legal
Advisors on Sexual and Gender Violence.
The Prosecutor is required to appoint advisers with legal
expertise on specific issues, including sexual and gender
violence. This is an important mechanism for ensuring both
that gender crimes are properly investigated and
prosecuted and victims properly respected and protected.
(Article 42(9) )
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Trust
Fund for Victims
The Statute
requires the establishment of a Trust Fund for the benefit
of victims of crimes within the jurisdiction of the Court,
and for their families. (Article 79) |
