The Office of the Prosecutor of the International Criminal Court has circulated a Draft Policy Paper on Victims’ participation under Article 68(3) of the ICC Statute to external partners for consultation. FIDH submitted its comments on 22 January 2010.
FIDH has monitored the implementation of the Rome Statute provisions on victims’ rights by the different organs of the Court, since the establishment of the ICC. According to Article 68(3), victims whose personal interest are affected by the Court’s proceedings have a right to participate in them by expressing their views and concerns. The right to participate in proceedings contributes to victims’ ownership of justice processes and, more broadly, to the involvement of victim communities in the establishment of the rule of law. Victims not only have a deep interest in the development and in the outcome of proceedings unveiling the truth about the crimes they suffered, but they can also bring a unique perspective on the violations themselves as well as on the context in which they were perpetrated. Victims’ involvement in judicial proceedings can also have an empowering and healing effect, provided that the conditions to make it a meaningful experience are met.
FIDH welcomes the preparation of the draft policy paper which seeks to “ensur[e] a clear and consist approach of the Prosecution in its legal submissions and positions on victims’ participation under Article 69(3)”. The comments in this FIDH paper do not address all elements of the draft policy paper, but only a selected number of issues on which FIDH has particular views which it would like to put forward.