Reports of any form of misconduct, including suspected unlawful activity, should be made promptly and confidentially in writing to the Head of the IOM at the Court's official mailing address, or by email to [email protected] . Reports may also be copied confidentially to the relevant Head of Organ.
If possible, before submitting a formal report, reporters are advised to first discuss the matter in confidence with the Head of the IOM in order to both receive advice on the reporting and protection from retaliation policies and procedures, and to allow consideration of potential alternative non-investigatory means of resolution.
Reporters should set out exactly what it is that is being reported as misconduct. They should also make it explicitly clear that a formal report is being made, as opposed to a request for information or other communication type, and supply contact details.
Reports should include as much factual and corroborative supporting information as possible. It must always be remembered that an investigation is an evidence-based process: mere suspicion or rumour will not be sufficient in itself to merit pursuing a report to formal investigation. However, this does not mean that you need to undertake your own investigation into any matter; indeed, you are encouraged to report as soon as something more than a mere suspicion is known.
Reports may be made in either English or in French. Reports made in other languages will be received and acted upon, but translation may mean that a response is delayed.
As soon as a report is received, the IOM will acknowledge receipt to the reporter as soon as possible. The IOM may want to meet with or communicate with the reporter to ascertain additional information. Any such communication before a formal investigation has been decided upon will be managed in the strictest of confidence.
Although not encouraged, anonymous reports will not be automatically dismissed. They will, however, require a higher standard of immediate factual supporting evidence before they are progressed to the next stage of the investigations process, which is the preliminary review stage. This is the process by which the IOM determines whether or not to pursue a report to investigation.
Potential reporters who are reminded that ICC Assembly Resolution ASP/12/Res. 6 states that:
"The transmittal to the IOM of reports of misconduct or serious misconduct, including possible unlawful acts, with knowledge of their falsity or with wilful disregard of their truth or falsity shall constitute misconduct, for which disciplinary measures may be imposed."
Potential reporters are also reminded that they must themselves maintain the strictest confidentiality concerning all aspects of a report. This is not just because of the important presumption of innocence, but also because disclosure may harm or limit a later investigation's ability to gather evidence.