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 People's Republic of Bangladesh/Republic of the Union of Myanmar situation
On 4 July 2019, the Prosecutor of the International Criminal Court ("ICC"), Fatou Bensouda,
requested the authorisation from Pre-Trial Chamber III to initiate an investigation into alleged crimes against the civilian Rohingya population in Myanmar since at least 9 October 2016 ("Situation in Bangladesh/Myanmar").
As per the ICC's legal framework, the victims of the alleged crimes committed against the Rohingya population in Myanmar have the right to submit "representations", i.e. to provide their views, concerns and expectations, to the ICC Judges who are considering the Prosecutor's request.
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 victim representation form which is available in two formats: PDF form and online form Guidelines on how to fill in the form are also available to help victims understand and fill in the representation form. All these documents and translations in local languages are available
here.
The deadline for submitting victim representation forms to the ICC is
28 October 2019. 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
guidelines on how to fill in the form before you fill in the representation form. 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 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 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
Victims may also send their representations, preferably using the standard form below, to the following email address:
[email protected]
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. More information about the audio/video representations is available in the guidelines on how to fill in the form.
Please note that this is
not an application process
for participation in court proceedings 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. Representations made under article 15 (3) of the Rome Statute do not grant victims participatory status in potential future judicial proceedings. Should such proceedings arise in the future, victims interested in applying to participate in judicial proceedings before the ICC or for reparations in this situation 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 filling in the representation form and any related issue.
Victim application process in the
Yekatom and Ngaïssona case
Mr Yekatom and Mr Ngaïssona were surrendered to the International Criminal Court (ICC) on 17 November 2018 and 23 January 2019, respectively, on charges of crimes against humanity and war crimes allegedly committed at various sites in the Central African Republic. Their surrender follows
warrants of arrest issued by Pre-Trial Chamber II ("Chamber") for Mr Yekatom and Mr Ngaïssona on 11 November 2018 and 7 December 2018, respectively.
On 23 November 2018, Mr Yekatom was brought before the Chamber for the initial appearance hearing – this hearing is held in the presence of counsel for the person charged and the Prosecutor. The [initial] appearance hearing for Mr Ngaïssona was held on 25 January 2019.
The Chamber had originally set the provisional date of the confirmation hearing in the case of
The Prosecutor v. Alfred Yekatom for 30 April 2019 and for 18 June 2019 in the case of
The Prosecutor v. Patrice-Edouard Ngaïssona. The Chamber subsequently decided to join the two cases and set the date of the confirmation hearing in the case of
The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona ("Yekatom and Ngaïssona case") for 18 June 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 5 March 2019, the Chamber issued a
decision establishing the principles applicable to victims' applications for 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 Yekatom and Ngaïssona 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 in the proceedings and/or reparations for individuals and for organizations in PDF version are available for download
here and will soon also be available in Sango.
The VPRS has also issued guidelines on how to fill in the forms; these are available for download
here, alongside the relevant participation/reparation forms.
If you are interested in applying, please contact the VPRS at [email protected] for beforehand. The form for participation in the proceedings and/or reparations
should be filled with the assistance of persons who have been specially trained by the VPRS, to ensure that the forms are properly filled and that all the information necessary at this stage is provided
The VPRS accepts application forms at any time. Please note, however, that the Chamber has ordered the VPRS to submit the applications for participation no later than 30 days before the confirmation hearing starts.
To allow the VPRS to receive and process the applications for participation on time, you are encouraged to submit your form to the VPRS as soon as possible, ideally by 3 May 2019. Applications received after that date will also be considered, but applicants might not be able to participate in the proceedings as of the confirmation hearing. If you have questions about the time frame, 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.
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 PDF forms and the guidelines on how to fill in the forms are available for download
here. The
online form that can be filled in directly on the website without downloading the document is also available
here. A Question & Answer document which responds to the most frequently asked questions and key points on legal representation of victims are also available for download
here.
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.
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.