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Get Involved: Civilians and the International Criminal Court 
              (by Wojciech Gryc)

The International Criminal Court (ICC) has far reaching implications for nations, governments, and even civilians. When observing its effects on people around the world, it is sometimes difficult to see how such a massive undertaking, sponsored by dozens of governments around the world, can affect citizens not involved in politics and international law. This, however, is exactly what the ICC strives to do. By allowing citizens to get involved through working with the prosecutor or supporting and helping victims, the ICC becomes much more than a court designed to punish those who have broken international law; it becomes a democratic tool and gives a voice to civilians around the world.

One of the most important aspects of the ICC is the fact that civilians can submit cases or ask for investigations from the Office of the Prosecutor. In the past, most international institutions required the support or approval of at least one government before potential cases or disputes could be investigated. Though this process worked well in many cases, one is forced to question what would happen if a government in power was committing crimes against humanity, and the people – the victims – tried to bring their nation’s leaders to justice. In many cases, this would be extremely difficult, if not impossible. The ICC, however, is designed to allow such people to ask for help on the behalf of the international community, if the need should arise.

The ICC takes such a civilian-oriented approach in all of its activities. The Rome Statute outlines the ICC’s emphasis on civilians as criminals, witnesses, or victims. It will not discriminate between government officials, soldiers, or civilians when the crimes in its jurisdiction are being committed. In the first case, all criminals are treated in the same way, with punishments based on the crime rather than the person’s status. If found guilty, a person may be sentenced for up to twenty-five years in prison or could be ordered to pay a fine.

In cases where crimes under the court’s jurisdiction have taken place, it is important for the prosecutor to have access to witnesses for pretrial investigations, as well as during the actual trial. Witnesses can be civilians who have been victimized or have seen a crime take place. Speaking out can be very dangerous, however, as doing so can cause the perpetrators to seek revenge against the witness or those related to him or her.

In order to allow people to speak out and still be safe, the ICC has a Victims and Witnesses Unit, which works to protect witnesses, as well as those who have been victimized. This unit includes trauma experts, counselors, and doctors who work with victims and witnesses, giving them psychological and medical help, as well as ensuring that they are secure during and after proceedings. The Victims and Witnesses Unit also works to ensure that the privacy of those involved is respected. Thus names, addresses, and other information that may be used by those planning to retaliate is kept confidential. The unit also has the ability to work with nations and governments to allow for the resettlement of victims and witnesses, if allowing them to stay in their original area would compromise their security.

There are many other safeguards in place to protect victims. The Victims Participation and Compensation Unit, for example, works to involve victims in trial proceedings and to eventually compensate them for the crimes committed against them. This unit tries to ensure that victims share their views and opinions during the entire trial, so that after it is over, they will be satisfied with the ICC’s efforts. Furthermore, victims are encouraged to submit their personal testimony and evidence, and are updated regularly about the status of the trial and people involved.

When victims must be compensated for what they have suffered, or money is required to buy medical or psychological help for the victims, one part of the ICC designed solely for the purpose of supporting victims financially through compensation and aid is called the Victims Trust Fund. This part of the ICC works under the court, but is run by a separate Board of Directors to avoid any conflict of interest and promote transparency when dealing with funds allocated for victims. The Board of Directors has the job of ensuring funds are allocated fairly, and the board has much freedom to do this job. They are able to use funds to support individual victims, groups of victims, or even give the money to a third party, like a charity or non-governmental organization, which will then have the task of distributing it among victims or to work on rehabilitating and supporting victims.

Thanks to the Victims Trust Fund, civilians have been involved in the ICC through another way. The Victims Trust Fund Campaign, based in the United States, woks to lobby the US government to ratify and support the ICC. The Victims Trust Fund is partially funded through donations from third parties, and anyone can donate funds. To show the US government their support for the ICC, organizations and civilians have banded together to collect money for the trust fund in order to help the victims of atrocities and crimes even if their own government will not. Those involved hope that eventually the US government will see their efforts and will decide to support their cause.

This project, found at http://www.victimstrustfund.org/, has a goal of collecting 10 000 cheques to support the ICC’s Victims Trust Fund. It is endorsed by many organizations, including the United Nations Association USA (UNA-USA), as well as Amnesty International USA. The project accepts funds and cheques from all around the world and asks that along with a donation to support the ICC, people write letters to their senators or government officials. Templates and sample letters can be found on the campaign’s website.

If your country has not ratified the Rome Statute or does not support the ICC, it is possible for you to start a similar project. Begin collecting funds for the Victims Trust Fund and write letters to your government, showing that if they haven’t taken the steps to support the ICC, their citizens will.

The International Criminal Court was designed in such a way as to support civilians and allow them to take part in the court’s proceedings if they are involved in the case in question. There are many safeguards in place to protect such civilians and ensure that justice is served in a way that does not compromise any of the victims’ or witnesses’ rights or security. The ICC goes even further by compensating and supporting victims financially through the Victims Trust Fund, which also allows anyone around the world to get involved and support the ICC’s efforts through donations and lobbying. It is a great opportunity to get involved in international law and support a good cause.

Sources

“First Meeting of the Board of Directors of the Trust Fund for Victims.” International Criminal Court. 30 May 2004. <http://www.icc-cpi.int/victims/firstmeetingvtf.html>.

“Victims and witnesses protection.” International Criminal Court. 30 May 2004. <http://www.icc-cpi.int/witnessprotection.html>.

“Victims Trust Fund.” International Criminal Court. 30 May 2004. <http://www.icc-cpi.int/victims/victimstrustfund.html>.

“Victims Trust Fund Campaign.” Victims Trust Fund Campaign. 29 March 2004. 30 May 2004. <http://www.victimstrustfund.org/>.

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