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Briefing Papers

VICTIMS & WITNESSES IN THE INTERNATIONAL CRIMINAL COURT

PARTICIPATION
� Victims & witnesses can participate in the court proceedings and have the right to legal representation.
(Rome Statute � Article 68; Rules of Procedure, Rules 89-93)

PROTECTION
� The court must take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims & witnesses.
(Rome Statute � Article 68 and 43(6); Rules of Procedure, Rules 87-88)

PROTECTION MECHANISMS

� Confidentiality
� Anonymity � identification expunged; electronic alteration of pictures and voice; use of pseudonym.
� Alternate means of giving evidence, including:
� audio or video testimony
� written transcripts
� in camera proceedings
� Relocation
(Rome Statute � Article 69; Rules of Procedure and Evidence, Rule 87)

SUPPORT
� The Victims and Witnesses Unit within the Registry will provide protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims, and others at risk on account of testimony given by witnesses.

� The Victims and Witnesses Unit will include staff with expertise in trauma, including trauma related to crimes of sexual violence.
(Rome Statute � Article 43; Rules of Procedure, Rules 16-19)

REPARATIONS
� Victims may seek reparations through the court, including compensation, restitution and rehabilitation. (Rome Statute � Article 75; Rules of Procedure, Rules 94-99)

TRUST FUND FOR VICTIMS
� The Trust Fund can carry out an order for an award for reparations made by the Court.

� Awards for reparations can be made directly to individuals, or a collective award can be made where the number of victims and the scope, forms and modalities make this type of award more appropriate.

� Awards for reparations can be made through inter-governmental, international or national organizations approved by the Trust Fund.

� Resources of the Trust Fund can be used for the benefit of victims, which may include assistance for victims independent of the judicial proceedings.

(Rome Statute - Articles 75,79; Rules of Procedure and Evidence, Rule 98)

EVIDENCE IN SEXUAL VIOLENCE CASES

� The court cannot impose a requirement of corroboration of a victim�s testimony.

� Evidence of a victim�s prior or subsequent sexual conduct is prohibited.

� Defense of consent is limited � consent cannot be inferred.

� In camera proceedings required to determine whether consent or sexual conduct evidence should be allowed. (Rules of Procedure and Evidence, Rules 63, 70-72)

COUNSELLOR-PATIENT PRIVILEGE

� Rules strongly favor regarding as privileged communications between medical doctors, psychiatrists, psychologists or counsellors and victims. (Rules of Procedure and Evidence, Rule 73)

SPECIAL MEASURES

� Special measures may be ordered to facilitate testimony of a traumatized victim or witness, child, an elderly person or a victim of sexual violence.

� The Court shall be vigilant in controlling the manner of questioning a witness or victim so as to avoid harassment or intimidation, paying particularly attention to attacks on victims of crimes of sexual violence. (Rules of Procedure and Evidence, Rule 88)