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Victim

ICTY STATUTE. Article 20 Commencement and conduct of trial proceedings 1. The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses. .

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Victim

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    1. Victim/Witness Issues in International Criminal Law

    3. Article 21 Rights of the accused 1. All persons shall be equal before the International Tribunal. 2. In the determination of charges against him, the accused shall be entitled to a fair and public hearing, subject to article 22 of the Statute.

    4. Article 22 Protection of victims and witnesses The International Tribunal shall provide in its rules of procedure and evidence for the protection of victims and witnesses. Such protection measures shall include, but shall not be limited to, the conduct of in camera proceedings and the protection of the victims identity.

    5. Rule 78: Open Sessions All proceedings before a Trial Chamber, other than deliberations of the Chamber, shall be held in public, unless otherwise provided

    6. Rules 69 and 75 Rule 69: Non-Disclosure of Witness Identity to Public Prior to Trial (May Include Delayed Disclosure to Accused) Rule 75: Non-Disclosure of Witness Identity to Public during Trial Rule 79: Closed Sessions

    7. Rome Statute of the ICC Article 67: In determination of any charge, accused shall be entitled to public hearing.....

    8. Article 68 of Rome Statute Protection of Victims and Witnesses and their Participation in Proceedings. 1. The court shall take appropriate measures to protect safety, physical and psychological well being, dignity and privacy of victims and witnesses. .... The Prosecutor shall take such measures particularly during investigation and prosecution of such crimes.

    9. Article 68 2. As exception to principle of public hearings provided for in Article 67, Chambers may, to protect victims and witnesses or an accused, conduct any part of proceedings in camera or allow presentation of evidence by electronic or other special means.

    10. Article 68 3. Where personal interests of victims are affected, Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court ... Consistent with rights of accused and fair trial. Legal representatives of victims can present their views.

    11. Scenarios for Victims Participation Victims participation may take place only when an issue arises which may require judicial determination. Decision on Victims Participation in Proceedings Related to the Situation in the Republic of Kenya, No. ICC-01/09, 3 November 2010.

    12. Article 15 of Rome Statute: Prosecutor 1. The Prosecutor may initiate investigations propio motu on the basis of information on crimes within the jurisdiction of the Court. 3. If Prosecutor concludes there is reasonable basis to proceed with an investigation, he shall submit to Pre-Trial Chamber request for authorisation of an investigation. Victims may make representations to the Pre-Trial chamber, in accordance with the Rules of Procedure and Evidence.

    13. Article 19 of Rome Statute Challenges to the Jurisdiction of the Court or the Admissibility of a Case The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred situation under article 13, as well as victims, may also submit observations to the court.

    14. Article 53 of Rome Statute Initiation of an Investigation 1. ...... In deciding whether to initiate an investigation, the Prosecutor shall consider whether: (c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice. 2 (b) Pre-Trial Chamber can review this decision.

    15. Article 57: Functions and Powers of the Pre-Trial Chamber 3. In addition to its other functions under this Statute, the Pre-Trial Chamber may: (c) Where necessary, provide for the protection and privacy of victims and witnesses, ......

    16. Rules 85 93: Participation of Victims and Witnesses Rule 85: Victims means persons or institutions who suffered harm as result of commission of crime within jurisdiction of Court. Rule 86: A Chamber in making any direction or order, and other ICC organs in performing their functions, shall take into account needs of all victims and witnesses in accordance with Art. 68 of Statute, in particular, children, elderly persons, disabled persons and victims of sexual or gender violence.

    17. Rule 87: Protective Measures A Chamber may order measures to protect a victim, a witness or another person at risk on account of testimony given by a witness Request can come from Prosecutor, defence, witness, victim, or his legal representative, .

    18. Victim Participation in Presentation of Evidence 1. Discrete Application 2. Notice to the Parties 3. demonstration of personal interests affected by the specific proceedings 4. compliance with disclosure obligations and protective orders. 5. determination of appropriateness; and 6. consistency with rights of accused and fair trial. ICC Appeals Chamber, 11 July 2008

    19. Rule 88: Special Measures Chamber may order special measures to facilitate testimony of traumatized victim or witness, a child, an elderly person or a victim of sexual violence. Ex. An order that a counsel, legal representative, psychologist or family member be permitted to attend during testimony of victim or witness.

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