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The International Bar Association (IBA) today expressed concern that there continues to be significant procedural uncertainty at the International Criminal Court (ICC) regarding important issues such as victims’ participation and witness protection. The IBA noted in particular, that some inconsistent decisions on victims’ participation have been handed down by the Chambers and that has created uncertainty for parties and participants. Both the defence and prosecution have appealed the decisions. The IBA considers that speedy resolution of this issue is necessary for the fair and expeditious conduct of proceedings before the ICC.

The concerns were raised at the launch of the IBA’s latest monitoring report on the work of the ICC. The IBA report, entitled Balancing Rights: The ICC at a Procedural Crossroads (‘the Report’) highlights the challenges faced by the judges of the ICC in seeking to interpret the relevant legal provisions governing the participation and protection rights of victims and the rights of defendants before the Court. The Report comes at a critical stage in the Court’s existence: only a few weeks away from the 10th anniversary of the signing of the Rome Statute which established the ICC.

‘The issues faced by the judges in seeking to balance effectively the rights of the defendant and the rights of victims are very complex,’ states Lorraine Smith, IBA monitor in The Hague. ‘The lower Chambers are now looking to the Appeals Chamber for guidance and direction. The IBA’s hope is for matters to be resolved expeditiously so that all persons involved in the Court proceedings will have clarity and certainty concerning the participation of victims.’

The IBA also urged a unified approach towards the protection of witnesses. The Report highlights a significant difference in approach between the Victims and Witnesses Unit and the Office of the Prosecutor regarding the assessment of the standard of risk and the criteria for including witnesses into the Court’s protection programme. On this issue Ms Smith remarks, ‘This protracted impasse between two key organs of the Court raises fundamental concerns for the effective administration of proceedings. The issue has in some cases hindered the Chambers’ ability to make timely decisions on applications for non-disclosure of material to the defence. The matter must be resolved urgently.’

The Report was launched during a high-profile event at the official residence of His Excellency Lyn Parker, Ambassador of the United Kingdom of Great Britain and Northern Ireland to the Netherlands. The meeting included keynote speeches by Lord Iain Bonomy, Judge at the International Criminal Tribunal for the former Yugoslavia (ICTY), and Ms Wilhelmina Thomassen, Judge at the Supreme Court of the Netherlands. The speakers praised the work of the IBA in raising awareness about important contemporary issues faced by the Court.

The event was attended by more than 50 participants, including diplomats, judges from the ICC and the ICTY, senior ICC officials, representatives of international non-governmental organisations, lawyers and law professors. The issue of victims’ participation provoked particularly lively debate among the attendees and speakers.

Click here to download the IBA monitoring report, ‘Balancing Rights: The ICC at a Procedural Crossroads’.

For further information please contact:

Lorraine Smith
IBA Programme Manager
IBA/ICC Monitoring and Outreach Programme
The Peace Palace
Carnegieplein 2
2517 KJ The Hague
The Netherlands
Tel +31(0)70 302 2859
E-mail: lorraine.smith@int-bar.org
Website: www.ibanet.org

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