The ICC: Picking Up Where the ICTY Left Off

It becomes clear that, though the International Criminal Tribunal for the former Yugoslavia certainly did take major steps in prosecuting rape in the international arena, its system is flawed and the introduction of time tables leaves both the issue and the many voices of the women, children, and families affected silenced.  Where the ICTY failed in certain aspects of its attempt to bring rape survivors a voice and the justice they deserve, the International Criminal Court is trying to pick up the pieces.  

In 2004, the Rome Statute, a treaty signed by 108 nations to date, called for the creation of a permanent criminal court in the Hague, Netherlands "to try persons accused of the most serious crimes of international concern, name genocide, crimes against humanity and war crimes" (ICC: About the Court).  The ICC differs from the ICTY and the ICTY in that there is no concern for completion strategies, as the court will remain a permanent fixture of the international community.  The court is currently hearing cases and compiling investigations on four countries: the Democratic Republic of Congo, the situation in Darfur, Sudan, Uganda, and the situation in the Central African Republic.  Because the ICC has the time, the resources, and the lessons learned from ad hoc tribunals, they have made some major steps forward in giving survivors of such atrocities a voice.

Perhaps the greatest step forward is the incredible and unprecedented move by the ICC to allow for victims and witnesses in trials to have their own representation, separate from the prosecution, allowing them to actively participate in trials beyond merely giving their testimony.  "For the first time in the history of international justice, victims have the possibility under the Statute to present their views and observations before the Court.  Participation before the Court may occur at various stages of proceedings and may take different forms" (ICC: Victims and Witnesses).  In making this move, the ICC appears to be taking a genuine interest allowing the survivors of atrocities to make their voices, their locations, their stories, truly known by the international community.  In providing them with the resource of legal representation who has no goal other than their comfort and justice (unlike the prosecution on so many occasions), the Court has a serious chance of actually succeeding in this goal.  Whereas prosecutors pick and choose what is best for their case, what they feel is the most dramatic and the easiest crimes to prove, the legal representation for the Victims and Witnesses will focus on what's best for the people involved--an end goal the prosecution often manages to lose sight of under the pressure to win.

On top of this innovative move, the ICC has also created a program within the Court called Victims Trust Fund.  The ICC's website lays out its purpose:

As a non-political, cross-cutting organization, we advocate for victims, mobilize people and resources, and fund or implement innovative projects.  We bring assistance and expertise to the most vulnerable victims of genocide, war crimes, and crimes against humanity in the most forgotten countries.  As each situation is unique, the Trust Fund for Victims develops our activities with the victims themselves as partners.  We do not give charity; we provide the tools for victims to help themselves.  Our focus on local ownership and leadership empowers victims as partners in the process of rebuilding their lives (ICC: Victims Trust Fund)

The Fund manages to accomplish two very important goals in its mission: not only does it help provide relief for survivors of these horrific situations, it also helps maintain the agency of the victims involved, by providing them with the means to rebuild their lives rather than throwing well-meaning but somewhat wasteful charity at the issue.  This moves five steps beyond anything the ICTY had considered:  though their Victims and Witnesses Unit provides counseling and aid for some witnesses, it is certainly difficult to obtain and it ends upon the completion of the tribunal, whether it has accomplished it ends or not.  The Victims Trust Fund, again, because of its permanent status in the Court has the opportunity to follow through and really help victims pick up the pieces of their lives.

Only time can tell if the ICC will be as successful in its broad aims for victim support as it aims to be, but at this juncture, it appears that, once again, pioneering progress has been made in the international justice arena.

Information about the ICC compiled from:

http://www.icc-cpi.int/