Office of Public Counsel for Victims

The Office of Public Counsel for Victims, established in accordance with Regulation 81 of the Regulations of the Court, is a new step in international criminal justice system which seeks to ensure effective participation of victims in the proceedings before the Court. It is an important precedent which should enhance the system of representation for victims, who pursuant to rule 90 (1) of the Rules of Procedure and Evidence of the Court, are free to choose their legal representatives.

The Office seeks to ensure effective participation of victims in the proceedings before the Court by providing legal support and assistance to the legal representatives of victims and to victims. Pursuant to regulation 80 of the Regulations of the Court, members of the Office may also be appointed as legal representatives of victims, providing their services free of charge.

The Office was established on 19 September 2005.

On the occasion of the fifth anniversary of its creation, the Office has published in 2010 a booklet explaining its role and mandate, as well as its main achievements.

Legal representatives of victims face numerous challenges in addressing the issue of victims’ participation. Indeed, the novelty of the provisions requires a constant effort of interpretation. Furthermore, the involvement of victims at the ICC requires taking into account the realities of each specific country situation, as well as factors such as the prosecution of complex and lengthy trials, likely involving hundreds or thousands of victims, in locations situated far away from where the relevant crimes have occurred; the need of keeping victims regularly informed in a language they can understand; the logistical difficulties in reaching victims and affected communities, in order to be able to present their views and concerns and therefore represent their interests in the proceedings.

In light of these challenges and with the aim of providing a user-friendly guide, the Office, as part of its mandate of providing support and assistance to external legal representatives, has also published a Manual for Legal Representatives appearing before the Court.

The Manual intends to give some guidance on the main issues related to victims’ participation in the proceedings in an attempt to help legal representatives in their daily work representing the views and concerns of victims in the proceedings and facilitate their understanding and knowledge of the ICC. Part One contains a general introduction to the International Criminal Court and to the role of victims in the proceedings before the Court. Part Two analyses the practice before the Court by argument and includes the most important extracts of decisions from 2005 until 2010 with regard to victims. Only the main decisions are quoted, while all decisions pertaining to each section are listed at the end of the said section. This Part will be updated regularly. It will be possible to be provided with such updates upon request. Part Three contains an explanation of practical issues relevant for the representation of victims in the proceedings before the Court. (PLEASE insert link to the Manual).