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Frequently Asked Questions
Q: Who is a victim ?
A: A "victim" is a natural person who has suffered harm as a result of the commission of a crime within the jurisdiction of the Court. Victims may also include organisations or institutions that have sustained direct harm to any of their property which is dedicated to religion, education, art or science or charitable purposes and to their historic monuments, hospitals, and other places and objects for humanitarian purposes.
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Q: What is a legal representative ?
A: A legal representative is a counsel who represents the victim(s) during the proceedings before the Court. For further information on counsel authorised to act before the Court, click here.
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Q: What does it mean that victims can be represented before the Court?
A: This means that victims may have a counsel to represent their interests or to present their views and concerns before the Court in accordance with the applicable law of the International Criminal Court. Due to the complexity of the procedure at the Court, it is essential that victims have legal representation. Legal representatives can provide legal advice, carry out legal research, represent victims in the courtroom and perform other tasks necessary to the effective participation of victims in the proceedings.
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Q: Why was the Office of Public Counsel for Victims (OPCV) established?
A: The Rome Statute places the victims of international crimes at the centre of proceedings for the first time in the history of international criminal justice. Under the Statute, victims are able to present their views and concerns through legal representation at any stage of the proceedings before the Court. Moreover, the Statute provides victims with the opportunity to seek reparations for the harm suffered as a result of the perpetrators' criminal acts. Victims are free to choose a legal representative from the list of counsel to represent their interests However, considering the potential high number of victims who may request to participate in the proceedings before the Court, the OPCV was established in order to effectively assist victims in exercising their rights, or to represent them before the Chambers as provided for in the Regulations of the Court.
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Q: What are the OPCV's tasks?
A: The OPCV provides support and assistance to victims and legal representatives in the areas of legal research and advice and in appearing before a Chamber in respect of specific issues. In addition, a Chamber or the Registrar can appoint an OPCV member of staff as the legal representative of a victim or a group of victims. The OPCV's functions include, but are not limited to, the provision of:
• assistance to legal representatives of victims in any agreed form;
• factual background documents on the situations before the Court;
• research papers and advice on selected aspects of international criminal law, particularly with regard to legal issues relevant to victims' participation and reparations;
• bibliographies and other resources on victims' rights in international criminal law and procedure; and
• legal representation of a victim or a group of victims.
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Q: How does the OPCV support and assist victims and/or the legal representatives of victims in practical terms?
A: The OPCV consists of lawyers and jurists with a wide range of legal expertise and various language skills. As needs arise, OPCV staff members are assigned to situations or cases involving victims. Victims or legal representatives can at any time approach the OPCV to request representation or assistance.
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Q: Is the OPCV independent and if so, what is the reasoning behind this?
A: The OPCV is an independent office and falls within the remit of the Registry solely for administrative purposes. The independence of the OPCV is clearly stated in the regulations of both the Court and Registry and is essential to the fulfilment of its mandate to assist legal representatives and represent victims. This independence preserves the privileged relationship between victims and their legal representatives and protects the OPCV from any outside pressure or undue influence which could affect the representation of victims.
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Q: Is the OPCV the only office which provides support to the victims?
A: No. Two other sections in the Registry also deal with victims' issues, namely the Victims Participation and Reparation Section (VPRS) and the Victims and Witnesses Unit.
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Q: What is the difference between the OPCV and the Victims Participation and Reparations Section?
A: The Victims Participation and Reparations Section is a specialised section within the Registry with responsibility for assisting victims and groups of victims in fully exercising their rights under the Rome Statute and in obtaining legal assistance and representation, including, where appropriate, from the OPCV. The Victims Participation and Reparations Section can be seen as victims’ first point of contact with the Court, since the section is in charge of disseminating the application forms for participation and reparations and assisting victims fill them in, as well as providing them with all the information necessary for them to exercise their rights under the Rome Statute.
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Q: What is the difference between the OPCV and the Victims and Witnesses Unit?
A: The Victims and Witnesses Unit makes it possible for victims and witnesses to testify and/or to participate in the proceedings and mitigates possible adverse effects incurred by their status, by providing protective measures, security arrangements, counselling and other appropriate assistance for witnesses and victims appearing before the Court and others who are at risk on account of testimony. The Victims and Witnesses Unit also takes appropriate measures to protect the safety, dignity, privacy, and physical and psychological well-being of victims, witnesses and other persons at risk. In accordance with article 68 of the Rome Statute, it also advises participants in the proceedings, as well as organs and sections of the Court on appropriate protective measures, security arrangements, counselling and assistance.
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Q: Does the OPCV have any ties with the Office of the Prosecutor?
A: The OPCV is neither organisationally nor functionally dependent upon the Office of the Prosecutor and their two roles are totally separate from each other.
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Q: Where I can find the legal texts about victim participation before the Court?
A: The Rome Statute of the International Criminal Court, the Rules of Procedure and Evidence, the Regulations of the Court, and the Regulations of the Registry deal extensively with the issue of victim participation before the Court. Further information on the participation of victims before the Court can be viewed or downloaded from the ICC Official Journal.
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Q: Can victims contact the OPCV directly?
A: Yes, victims, legal representatives of victims and any other individual or organisation may contact the OPCV at any time on matters relating to legal assistance or representation of victims.
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Q: How can I contact the OPCV?
A: You can contact us using any of the following:
Office of Public Counsel for Victims
International Criminal Court
Maanweg 174
2516 AB, The Hague
The Netherlands
Fax: +31 (0)70 515 88 55
Email: OPCV@icc-cpi.int
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