Protecting victims who testify before the ICC

Abstract

Protecting victims who testify before the ICC: tensions and balances with the defendants' right to a fair trial IntroductionVictims have been the center of attention at the International Criminal Court (ICC), since the Rome Statute both allows their participation in the proceedings when their personal interests are affected, and sets up a system of reparation in case of any damage, loss or injury. 1 This revived interest in victims' participation and reparation is also clear from the significantly large body of literature on this topic. 2 Conversely, little attention has been dedicated to victims when they testify as witnesses (hereinafter, victims) in front of the ICC, although they play a central role in the ICC's evidentiary system. Since the ICC sits in The Hague and the majority of its investigations are conducted outside Europe, the ICC has been experiencing logistic and administrative difficulties in accessing documentary sources or forensic evidence, which are readily available at the crime scene, but spatially separated from the seat of the ICC. 3 For this reason, it has, inter alia, relied on the testimony of victims of crime since they can more easily travel to the seat of the ICC. 4 As testimony may be instrumental in determining the innocence of the accused, victims of crimes may be threatened, bribed, injured or even killed due to their participation in the proceedings. In addition to this, appearing as a witness before the ICC can demand considerable courage, because the alleged perpetrators are often the neighbours of victims. 5 Thus, protecting victims'