ANNEXURE 6A: Gender Integration in the Statute of the International Criminal Court Substantive Jurisdiction (Crimes of Sexual & Gender Violence) Procedures Structure Rape, Sexual Slavery, Enforced Prostitution, Forced Pregnancy, Enforced Sterilisation and other Sexual Violence. The ICC Statute explicitly recognises rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation and other grave forms of sexual violence as war crimes in international and non-international armed conflict as well as crimes against humanity. (Articles 8(2)(b)(xxii), 8(2)(e)(vi) and 7(1)(g)) Witness Participation and Protection. The Court has an overarching responsibility to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses, taking into account all relevant factors, including age, gender, health and the nature of the crime. The Court may take appropriate protective measures in the course of a trial, including in camera proceedings and allowing the presentation of evidence by electronic means. In addition, the Prosecutor is required to take these concerns into account in both the investigative and the trial stage. (Article 68) Women on the Court. The Statute requires that the need for a "fair representation of female and male judges" be taken into account in the selection process. The same provision applies to the selection of staff in the Office of the Prosecutor and in the Registry. (Article 36(8)(a)(iii); Article 44(2)) Persecution and Trafficking. In addition to the crimes of sexual and gender violence discussed above, persecution is included in the ICC Statute as a crime against humanity and specifically includes for the first time the recognition of gender as a basis for persecution. The ICC Statute also includes trafficking as a crime against humanity as among the crimes of enslavement. (Articles 7(1)(h), 7(1)(c) and 7(2)(c)) Genocide. The ICC Statute adopts the definition of genocide accepted in the Genocide Convention. (Article 6) Non-discrimination. The Statute specifically states that the application and interpretation of law must be without adverse distinction on the basis of enumerated grounds, including gender. (Article 21(3)) Victim Witness Unit. The statute provides for the creation of a Victims and Witnesses Unit (VWU) within the Court's registry (in recognition that protection of witnesses should be independent of prosecutorial imperatives). The VWU will provide protective measures, security arrangements, counselling and other appropriate assistance for victims and witnesses who appear before the Court, and others at risk on account of their testimony. (Article 43) Participation. The statute explicitly recognises the right of victims/survivors to participate in the justice process, directly or through legal representatives, by presenting their views and concerns at all stages which affect their personal interests. (Article 68(3)) Reparations. The statute includes a provision enabling the Court to establish principles and, in certain cases, to award reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. (Article 75) Expertise in Trauma The Registrar is required to appoint staff with expertise in trauma, including trauma related to crimes of sexual violence. (Article 43(6)) Legal Expertise on Violence Against Women. The statute requires that, in the selection of judges, prosecutors and other staff, the need for legal expertise on violence against women or children must be taken into account. This provision is in recognition of the significance of crimes against women, and the need for expertise at every level to ensure these crimes are effectively investigated and prosecuted. To achieve this it is imperative that individuals with expertise in the investigations and prosecutions of gender crimes are recruited by the Court. (Articles 44(2) and 36(8) ) Legal Advisors on Sexual and Gender Violence. The Prosecutor is required to appoint advisers with legal expertise on specific issues, including sexual and gender violence. This is an important mechanism for ensuring both that gender crimes are properly investigated and prosecuted and victims properly respected and protected. (Article 42(9)) Trust Fund for Victims The Statute requires the establishment of a Trust Fund for the benefit of victims of crimes within the jurisdiction of the Court, and for their families. (Article 79) 68 6. INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW | REDRESS