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June 8, 2010

Review Conference Adopts Positive Resolution on Victims’ Rights

By Mariana Goetz

The ICC Review Conference took place from Monday 31 May to Friday 11 June 2010, seven years after the Statute entered into force. The impact of the Court on victims and affected communities was one of four “stocktaking” topics discussed in the Conference Plenary, raising the profile of victims’ valuable role in international criminal justice proceedings. Members of the Victims’ Rights Working Group worked closely with the governments of Finland and Chile, who showed untiring dedication as focal points on the issue. The Conference adopted a positive Resolution on this issue, reiterating victims’ right to access justice and seek reparation. The Resolution also underlined some of the challenges faced by the Court, encouraging, for instance, “further efforts to ensure that victims and affected communities have access to accurate information about the Court, its mandate, as well as about victims’ rights under the Rome Statute, including their right to participate in judicial proceedings and claim for reparations.”

The ICC provides victims with legal standing, essentially modifying what was a predominantly retributive justice process, to one that is also reparative. Victims need not be the silent bystanders who must suffer in silence as the Statute enables them to be heard in safety and with dignity. The challenges in making this function effectively discussed as part of the main debate, not on the fringes as may have been the case previously. Carla Ferstman, Director of REDRESS was amongst seven panelists discussing and engaging with States on the issues. She explained that “for so long victims have been spoken about in criminal justice processes, but the fact that the International Criminal Court enables victims to be heard –actually seeks out their voices – is itself a vital recognition that victims have valuable contributions to make.”

The importance of outreach and protection were amongst the issues highlighted both in the formal debate, but also in the Civil Society Takes Stock side event co-organised by the ICC Coalition and the Victims Rights Working Group. Some 200 or more individuals attended, including many State delegates. The event provided an opportunity for the hundreds of local civil society organizations from the region to voice concerns or recommendations about the ICC’s work in relation to victims. For instance, there was some contention that the ICC had had an impact in reducing child recruitment in the Democratic Republic of Congo, but had had no impact in reducing crimes of sexual violence in the region, which continue with almost complete impunity. There is the huge challenge of protecting victims and witnesses and those that assist them.

The Victims’ Rights Working Group, has been highly engaged in this agenda item at the Review Conference, issuing a group report in advance of the meetings “The Impact of the ICC on victims and affected communities”. Also issuing an "Outcome Document", summarising recommendations to States on their role in supporting justice for victims in accordance with the ICC’s mandate.

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