Victims
Victims are those who have suffered harm as a result of the commission of any crime within the jurisdiction of the Court.
Victims may include individual people, but also organizations or institutions that have sustained direct harm to any of their property which is dedicated to religion, education, art or science or charitable purposes, and to their historic monuments, hospitals and other places and objects for humanitarian purposes.
See Rules of Procedure and Evidence, rules 85 and 86.
Relevant Court staff are trained to work with victims and address their specific needs, particularly children, elderly persons, persons with disabilities and victims of sexual or gender violence.
Victim representation process in the Republic of the Philippines situation
On 14 June 2021, the Prosecutor of the International Criminal Court ("ICC") publicly requested authorisation from Pre-Trial Chamber I to initiate an investigation into crimes allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the Government of the Philippines' "war on drugs" campaign.
Victims of the alleged crimes have the right to submit "representations" as per the ICC legal framework; this means that victims may provide their views, concerns and expectations regarding the Prosecutor's request to the ICC Judges for their consideration.
The Victims Participation and Reparations Section ("VPRS") of the Registry is responsible for assisting victims in the process of submitting representations. To help facilitate this process, the VPRS has prepared a template fillable PDF representation form which is available for download here in English. Translations of this form in local language(s), will be available shortly. Guidelines on how to fill in the form will also be made available to help victims understand and fill in the representation form.
Alternatively, an online version of the form in English is also available here.
The deadline for submitting victim representations to the ICC is 13 August 2021.
Please note that the process of submitting representations is voluntary and free of charge.
When filling in the victim representation form:
Please carefully read the instructions which will be made available soon. This is essential to ensure that the form is complete and can be processed.
To the extent possible, please fill in the victim representation form in English, and please be as precise and concise as possible.
For each victim/group of victims, please select one single form version, either online or fillable PDF, depending on your internet connection/computer capacity and security concerns, to make your representation.
Representation forms that have not been filled out online should be sent, once completed, to the VPRS either by email to [email protected] or to the postal address below:
International Criminal Court
Victims Participation and Reparations Section
Situation in Bangladesh/Myanmar
PO Box 19519
2500CM, The Hague
The Netherlands
No additional documents are required in order for the representation to be considered complete. Should you however wish to provide additional documents connected to your representation form, please contact the VPRS at the above email address ([email protected]).
Victims can also submit representations in other formats, e.g. video, audio, etc. It is important that the representations, irrespective of their format, contain the information requested in the template representation form.
Please also note that this is not (yet) an application process for participation in court proceedings against an accused person or for obtaining reparations before the ICC. The process initiated by the Prosecutor is limited to the submission of victims' views, concerns and expectations on the Prosecutor's request to open an investigation regarding alleged murder and other crimes which are sufficiently linked to the "war on drugs" campaign as set out above. Representations made under article 15(3) of the Rome Statute do not grant victims participatory status in potential future judicial proceedings against one or more accused persons. Should such proceedings arise in the future, victims interested in applying to participate in such judicial proceedings before the ICC and/or for reparations will have to fill in a separate application form which will be made available then.
Please contact the VPRS at [email protected] for any questions in regards to the submission of victims' views to the ICC, filling in the representation form, and any related issue.
Victim participation in the
Abd-Al-Rahman case
Mr Abd-Al-Rahman was transferred to the ICC's custody on 9 June 2020, after surrendering himself voluntarily in the Central African Republic. The initial appearance of Mr Abd-Al-Rahman before the ICC took place on 15 June 2020.
The opening of the confirmation of charges hearing against Mr. Abd-Al-Rahman is scheduled provisionally for 24 May2021.
Relevant crimes
Mr. Abd-Al-Rahman is alleged to have personally participated in attacks against civilians in the towns of
Kodoom, Bindisi, Mukjar,
Arawala and surrounding areas in different time frames between August 2003 and March 2004 (see first warrant of arrest):
Location and Time Periods of Alleged Crimes (includes surrounding villages as well):
- Kodoom: August 2003
- Bindisi: August 2003
- Mukjar: August 2003 - March 2004
- Arawala: December 2003
- Deleig: March 2004
These attacks include various crimes against humanity: murder, deportation or forcible transfer of population; imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; persecution; and inhumane acts of inflicting serious bodily injury and suffering. Additionally, the attacks encompass a number of counts of war crimes: violence to life and person; outrage upon personal dignity in particular humiliating and degrading treatment; intentionally directing an attack against a civilian population; pillaging; rape; and the destroying or seizing of property.
Mr. Abd-Al Rahman is also alleged to have committed the war crime of murder, and the crimes against humanity of murder and other inhumane acts perpetrated in
Deleig and surrounding areas between 5 and 7 March 2004 (see
second warrant of arrest).
Victims of these alleged crimes have the right to participate in the confirmation of charges proceedings by putting their views and concerns to the Judges when their interests are affected. Victims' participation normally happens through a legal representative.
Please contact the Victims Participation and Reparations Section ("VPRS") at [email protected] if you believe you are a victim of the crimes outlined in the arrest warrants and wish to participate in the proceedings related to this case. If you are interested in the process because you are able to assist victims when applying to participate in proceedings, please get in touch with us. The VPRS will explain how the ICC works and the rights that victims have before the Court, including how victims can engage in the process.
The application forms for participation and/or reparations for individuals and for organizations in the Abd-Al-Rahman proceedings are available
here.
The VPRS has also issued guidelines on how to fill in the forms; these are available alongside the relevant participation/reparation forms.
Please note that it is strongly advised that you contact the VPRS so that you can be provided with information, advice and training about what victims' participation in ICC proceedings generally entails, including relevant explanatory materials, guidance how to apply, timelines, etc.
The participation of victims in proceedings is voluntary and the process of applying - including all relevant application forms and information materials - is free of charge.
Who is a victim?
Victims are given a voice in the proceedings that is independent of the Prosecutor. This will help the Judges to obtain a clear picture of what happened to them or how they suffered, which they may decide to take into account at certain stages in the proceedings. It is important to be aware, however, that putting forward views and concerns will not always result in the ICC following the wishes of the victims.
In taking their decisions, the Judges will be balancing different interests and concerns, including the rights of the defence and the interests of a fair trial.
For the purposes of participation in ICC proceedings, the ICC recognizes the following categories of victims:
-
Individual persons who have suffered harm as a result of one of the ICC crimes. Individual victims should apply by completing the application form for participation for individuals which will be available on this website soon.
Victims may include men and women, victims of sexual violence, children, persons with disabilities, or elderly persons. A victim can also be a person who suffers harm as a result of a crime targeted at another person, such as a family member of someone who has been killed.
Organizations or institutions, when their property dedicated to certain purposes (religion, education, art, science or charitable and humanitarian purposes, or historic monuments or hospitals) is harmed as a result of one of the crimes outlined in the arrest warrants. Organizations and institutions should apply for participation by using the application form for participation for organizations which will be available on this website soon. Only duly authorized representatives of an organization or institution may complete the application form.
It is important to consider that victimsʹ participation in proceedings is entirely different from a victim's possible role as a witness called to testify before the Court by the Prosecution, the defence, or the victims' legal representative. Any relevant information that could be evidence relating to a crime within the jurisdiction of the ICC can be sent at any time to the Office of the Prosecutor at: [email protected]
The VPRS is the section within the Registry that informs victims of their rights relating to participation and reparations at the ICC, and enables them to submit applications to the ICC if they wish to participate in proceedings or request reparations in case of a conviction of the accused. The VPRS may also assist in organizing victims' legal representation.
Contact us at
[email protected]
Victim application process in the
Yekatom and Ngaïssona case
On 16 February 2021, trial proceedings commenced in the case of The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona.
The Chamber set the deadline to receive victims' applications for participation until the end of the Prosecution case. This deadline was set in light of the difficulties of the ICC in reaching out to victims and to collect applications in the circumstances caused by the Coronavirus pandemic, in order to ensure that victims have appropriate time and opportunity to apply for participation in the proceedings.
The Victims Participation and Reparations Section ("VPRS") of the Registry is responsible for assisting victims in the process of applying for participation in proceedings, or for reparations in case of a conviction. It may also assist victims and the Chamber in finding appropriate (common) legal representation of victims during the proceedings.
The VPRS is collecting victims' application forms for participation in the proceedings and/or reparations. It will follow the victim application procedure adopted by Pre-Trial Chamber II, and confirmed by Trial Chamber V in its 19 March 2020 decision.
Who are the victims authorised to participate at trial?
The victims authorised to participate in the process before the ICC are those who suffered crimes of which Messrs. Yekatom and Ngaïssona are accused.
1. Individuals, Organizations or Institutions can be victims
- Individual persons who have suffered direct or indirect personal harm as a result of one of the crimes outlined in the Decision confirming partially the charges. Individual victims should apply by completing the application form for participation for individuals (available in English, French, and Sango along with guidelines on how to fill in forms in English, French, and Sango);
- Organizations or institutions, when their property dedicated to certain purposes (religion, education, art, science or charitable and humanitarian purposes, or historic monuments or hospitals) is directly harmed as a result of one of the crimes outlined in the Decision confirming partially the charges. Organizations and institutions should apply for participation by using the application form for participation for organizations available in English and French along with guidelines in how to fill in forms in English and French). Only duly authorized representatives of an organization or institution may complete the application form.
2. Who suffered harm from crimes for which Messrs. Yekatom and Ngaïssona are accused (crimes outlined in the Decision confirming partially the charges) :
Between September 2013 and December 2014, an armed conflict not of an international character was ongoing in the territory of the Central African Republic between the Seleka and the Anti-Balaka, both constituting organised armed groups at that time. In this context, Messrs. Yekatom and Ngaïssona stand accused to be criminally responsible for crimes committed by the Anti-Balaka.
Relevant crimes allegedly took place in:
Bangui (including Cattin) and Boeing
In the early morning hours of 5 December 2013, Anti-Balaka elements led by Mr Yekatom attacked the Boeing market in Bangui, specifically targeting the shops owned by Muslims and killing Muslims. They then proceeded to Cattin, where they killed Muslims. By 20 December 2013, they had also destroyed the Boeing Mosque, upon Mr Yekatom's orders.
Following the 5 December 2013 attack, nearly all the Muslim residents of Boeing and Cattin fled, whether to other neighbourhoods in Bangui, other parts of the CAR or neighbouring countries.
These are the crimes of murder, attack against the civilian population, attack on a building dedicated to religion, deportation/ forcible transfer of populations and displacement of the civilian population, persecution
Yamwara school
The judges have decided that the facts and crimes that took place in the Yamwara School must remain confidential for reasons of protection of the witnesses and the victims.
These are the crimes of murder, torture, cruel treatment, other inhumane acts, imprisonment and other forms of severe deprivation of liberty, persecution
Along the PK9-Mbaïki Axis
Following the 5 December 2013 attack on Bangui, Yekatom's Anti-Balaka group advanced through and took over numerous villages in the Lobaye Prefecture (including Sekia, Ndangala, Bimon, Kapou, Bossongo, Pissa et Mbaïki) on or around early to mid-January 2014.
Fearing attacks by the Anti-Balaka, a number of Muslims in the Lobaye Prefecture fled their villages, primarily to Mbaïki.
The Anti-Balaka reached Mbaïki around early February 2014. They harassed, insulted and threatened the Muslims, forcing them to leave the area. The Muslims from Mbaïki were thereafter evacuated to Chad or other locations in the CAR. Following the evacuation, a number of individuals including Anti-Balaka elements chased and killed one of the few remaining Muslim men.
These are the crimes of murder, deportation/forcible transfer of populations and displacement of the civilian population, persecution
Enlistment and use of children under the age of 15
Mr Yekatom stands accused to be criminally responsible for the enlistment and use of children under the age of 15 within the ranks of his Anti-Balaka group, in several locations under his control and in particular during the Attack of 5 December 2013 in Bangui.
Children would have joined the Anti-Balaka voluntarily or forcibly, were given the roles of messengers or spies; were sent to operate checkpoints; and were mobilised to participate in attacks. The children were also subjected to physical and mental violence by Anti-Balaka elements and were given drugs. These crimes allegedly took place between December 2013 and August 2014.
Bossangoa
Mr Ngaïssona stands accused to be criminally responsible for the attack carried out by two anti-Balaka groups against Bossangoa on 5 December 2013, in which Muslims civilians were targeted. In the days following this attack, the Anti-Balaka pillaged, looted and destroyed the houses of Muslims. As a result, the local Muslims fled and sought shelter at the École de la Liberté. The Anti-Balaka also allegedly destroyed Muslim places of worship, including the central Bossangoa mosque
These are the crimes of murder, attack against the civilian population, rape, destruction of enemy property, pillage, attack on a building dedicated to religion, deportation/ forcible transfer of populations and displacement of the civilian population, imprisonment and other forms of severe deprivation of liberty, persecution
If you are interested in applying to participate in the proceedings as a victim of the alleged crimes listed above, please contact the VPRS at [email protected].
The application form for participation in the proceedings and/or reparations should be ideally filled in with the assistance of persons who have been specially trained by the VPRS, to ensure that the forms are complete and that all the information necessary at this stage is provided. Please contact the VPRS at the above address for assistance.
Please note that the purpose of the application form for participation in the proceedings and for reparations is NOT to provide evidence. The collection of evidence is not within the mandate of the VPRS, but that of the ICC Office of the Prosecutor (OTP). The OTP generally receives any relevant information that may be considered as evidence relating to crimes within the jurisdiction of the ICC at: [email protected], at any time.
Other relevant documents related to the Victim application process
Information booklet for Victims
English, French
Key messages on legal representation of victims in the Case
French
Victim application process in the
Al Hassan case
On 31 March 2018, Mr Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud was surrendered to the International Criminal Court ("ICC") on charges of crimes against humanity and war crimes allegedly committed in Timbuktu. The surrender follows an arrest warrant issued by Pre-Trial Chamber I ("Chamber") of 27 March 2018. On 4 April 2018, Mr Al Hassan appeared before the Single Judge of the Chamber for an initial appearance hearing held in the presence of the Prosecutor and Mr Al Hassan's defence counsel. The Single Judge provisionally set the date for the beginning of the confirmation of charges hearing in the Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud case ("Al Hassan case") for 24 September 2018. By
decision of 20 July 2018, following observations by the parties, the beginning of the confirmation of charges hearing was postponed to 6 May 2019.
The Victims Participation and Reparations Section ("VPRS") of the Registry is responsible for assisting victims in the process of applying for participation in proceedings, and reparations in case of a conviction. It also assists victims and the Chamber in finding an appropriate legal representation of victims during the proceedings.
On 24 May 2018, the Chamber issued a decision on the principles applicable to victims' participation in the case by which, inter alia, it approved a joint form for participation and reparations to be used for the purpose of applying for participation and/or reparations in the Al Hassan case.
The VPRS has now commenced the process of collecting victims' application forms for participation in the proceedings and/or reparations.
There are two forms that victims can use, according to their situation: one form is for individuals, and the other is for organisations (nota bene: according to rule 85(b) of the Rules of Procedure and Evidence, organisations that may participate in proceedings before the ICC are organisations or institutions whose property dedicated to certain purposes - religion, education, art, science or charitable and humanitarian purposes, or historic monuments or hospitals - has been harmed as a result of ICC crimes).
The application forms for participation and/or reparations for individuals and for organizations in the Al Hassan proceedings are available
here.
The VPRS has also issued guidelines on how to fill in the forms; these are available alongside the relevant participation/reparation forms.
Please contact VPRS at [email protected] for any questions relating to the filling in of the victim application form and any related issue.
The VPRS can receive applications at any time. However, please note that the Chamber ordered the VPRS to transmit applications for participation in the confirmation of charges hearing at the latest 30 days before the start of the hearing. Since the confirmation of charges hearing was postponed to 6 May 2019, the deadline for transmitting applications for participation to the Chamber was also postponed (ie. by 6 April 2019).
In order to maximize the chances that applications be received and processed by the VPRS on time to meet this deadline, we encourage you to submit your application to the VPRS as soon as possible and ideally before 22 March 2019. Applications received after the deadline will also be considered, but applicants may not be able to participate in proceedings as early as for the hearing on the confirmation of charges. If you have questions regarding the timeline, please contact the VPRS.
Please note that the purpose of the application form for participation in the proceedings and for reparations is NOT to provide evidence. The collection of evidence is not within the mandate of the VPRS, but that of the ICC Office of the Prosecutor (OTP). The OTP generally receives any relevant information that may be considered as evidence relating to crimes within the jurisdiction of the ICC at: [email protected], at any time.
Victims play an important role in the Court's proceedings. Pursuant to article 68(3) of the Rome Statute, during judicial proceedings, victims have the right to present their views and concerns directly to the ICC Judges. This is already the case during the pre-trial proceedings, where the Prosecutor seeks the confirmation of charges for a subsequent trial against one or more individuals subject to an arrest warrant or a summons to appear (see article 61 of the Rome Statute). Victims may exercise their participatory rights throughout all instances of judicial proceedings, including appeals.
Victims' rights to make observations to the ICC on specific topics may commence even before the pre-trial stage (for instance on a question regarding the ICC's jurisdiction or where the Prosecutor decides not to commence an investigation subsequent to victims' communications with the ICC in respect of the situation).
Notably, victims may also claim reparations in case the proceeding lead to a conviction of the accused.
For further general information on the role that victims can play in the proceedings, on how victims can apply for participation and/or for reparations once judicial proceedings commence, and on other related aspects, please continue reading below; in addition, please click
here for a detailed general booklet for victims before the ICC.
Participation
Victims can apply to participate in judicial proceedings before the ICC through a standard application form. There are specific forms for natural persons and institutions, respectively. The Registry has also developed written guidelines which assist the person and/or organisation filling in the application form. If you are a victim or acting on behalf of victims and if you want to fill in an application form to participate in proceedings before the ICC, please contact the Victims Participation and Reparations Section ("VPRS") of the ICC at the address indicated below. The Section will provide you with all relevant information, forms and other documentation, and any other assistance you may require.
You can also find below the standard application forms for
individuals and
organisations to participate in proceedings in a Situation before the ICC. Please note that before filling in the form, it is urgently advised that you contact the VPRS so that you can be provided with information and advice as to whether it is appropriate at the respective stage of ICC proceedings to fill out the form, and what participation in ICC proceedings generally entails, including relevant timelines. In addition, the VPRS may provide training and advice as to how to fill in the form correctly (written Guidelines are available for download below), which is very important in order for victims' expectations to be met with adequate Registry advice.
Application Form for Individuals:
English,
Français,
Arabic,
Hebrew,
Dari,
Pashto,
Burmese
Guidelines on how to complete the form for individuals: English,
Français, Arabic, Hebrew,
Dari
Application Form for Organizations: English,
Français,
Arabic,
Hebrew,
Dari, Pashto,
Burmese
Guidelines on how to complete the form for organizations: English,
Français
For the first time in the history of international criminal justice, victims have the possibility to share their views and concerns in the proceedings, represented by a lawyer as legal counsel in the courtroom. If a victim or group of victims lacks the necessary means for such a legal representative, the Registry may afford some financial assistance.
Victims do not have to travel to the seat of the Court and their lawyer ensures that at all stages of the proceedings, their views and concerns are heard on matters where their personal interests are affected.
Such participation is voluntary and victims have to fill-in a written application which will be considered by the Court. From this very moment, the identities of victims are protected in the proceedings by a pseudonym attributed to them by the Court (for example: a/0001/18) and their names consequently do not appear in the public domain.
The timing and manner of the victims' participation are determined by the Judges depending on the stage of the proceedings. Victims' lawyers may be notified of submissions made in the relevant case, may attend hearings and make oral submissions, may file written submissions, or be allowed to question witnesses.
The set of rights developed by the Court enables victims, through their lawyers, to express an opinion independently of the Prosecution or the Defence. The various Chambers of the Court have notably recognised that victims' participation assists them in uncovering the truth.
Within the Court, the Office of Public Counsel for the Victims (OPCV) provides legal representation to victims throughout proceedings, as well as assistance and support to external lawyers appointed by victims. The OPCV is an independent office and falls within the Registry solely for administrative purposes. This independence is a prerequisite for carrying out the mandate of assisting and representing legal representatives of victims and victims. Such independence allows the Office to work without being subjected to pressure of any kind and preserves the privileged relationship between victims and their lawyers. The Office has also an important role in enhancing the rights of victims in the proceedings, advocating at different levels and participating in specialised meetings with subsidiary bodies of the Assembly of States Parties and NGOs. For more information, please write at [email protected]
To enquire about the applicable form for specific proceedings, please contact the Victims Participation and Reparations Section of the ICC.
Victims Participation and Reparations Section
International Criminal Court
Po Box 19519
2500 CM, The Hague
The Netherlands
E-mail address:
[email protected]
Contact telephone number: +31(0)70 515 95 55
Learn more about
representing victims before the ICC as a lawyer, and get more information for
legal professionals.
Victims' reparations
Distinct from participation in Court proceedings, victims can seek reparation for the harm that they have suffered.
At the end of a trial, if there is a conviction, the Trial Chamber may order a convicted person to pay reparations to the victims of the crimes of which the person was found guilty. The Court may order such reparations to be paid through the
Trust Fund for Victims.
The Court may award reparations on an individual and/or collective basis, whichever is, in its view, the most appropriate for the victims in the particular case.
Collective and/or individual reparations may include monetary compensation, return of property, rehabilitation, medical support, victims' services centres, or symbolic measures such as apologies or memorials.
At this stage of the proceedings, victims are also represented by a lawyer who will be in a position to present relevant information to the Chamber on behalf of his or her clients.
To learn how to apply for reparations as a victim or assist someone in applying to for reparations, contact
[email protected].
Assistance to victims
Separate from reparations, which can only be delivered after a defendant has been convicted, the Rome Statute allows for assistance to victims through the
Trust Fund for Victims, following a decision by an ICC Pre-Trial Chamber.
Submitting communications to the Office of the Prosecutor
Any individual can send information to the Office of the Prosecutor regarding any alleged crimes falling under the jurisdiction of the Court. Persons with such information can communicate to the Office of the Prosecutor any relevant information for the purposes of an eventual investigation or prosecution at:
[email protected], at any time.
International Criminal Court Bar Association
The
International Criminal Court Bar Association (ICCBA) is an independent, professional association representing the interests of Counsel and legal Support Staff who represent victims, defendants and other actors (such as witnesses) before the ICC. The ICCBA serves as a collective voice for its membership, and provides them a range of support and services, as well as acting as a forum for discussion on all matters pertaining to the Court. The ICCBA's operations are primarily funded by the subscriptions paid by its members, and it is governed by an elected President (currently Chief Charle Taku) and Executive Council, with eight elected standing committees responsible for specific issues and activities.
