Purpose of Panels

There has been a wide gap in the information available concerning the ways in which victims have experienced their participation in the justice processes of the ad hoc tribunals. Their accounts, as well as the accounts of those who work directly with survivor communities in these settings, are crucial to the development in the ICC of effective procedures ensuring victim participation and protection in ways which not only do not further compound or reinforce their victimization but which respect their experiences and facilitate their rehabilitation.

First-hand information about the ways in which victims have specifically encountered the processes and procedures of the ad hoc tribunals has been slow in surfacing for several reasons. Not least of these, is that the tribunals have had to develop and adapt procedures and protective measures in crisis situations in an attempt to respond more appropriately to the situations of victims in the Former Yugoslavia and Rwanda, situations similar to those the ICC will face. Indeed, the experiences of these two tribunals also highlights quite clearly the fact that the ICC will need the flexibility to address an array of situations and cultural settings.

The Women’s Caucus hosted two panel discussions in order to provide a forum where those with the experience on such matters in similar settings could share their insights and inform the ICC negotiations as they proceed on these issues. We also wanted to provide a safe forum for victims to voice their views and reactions to the tribunal justice system. We hoped to learn the following:

  • whether the victims perceive the justice meted out as formal or substantive;
  • whether they considered the facilities adequate and the personnel sensitive, supportive and affirming;
  • whether they would have preferred a different system and, if so, what that system would entail;
  • whether they felt they were treated with dignity and respect;
  • whether they had access to the information they needed and desired;
  • whether rehabilitative or re-integrative policies were available to them;
  • whether they felt safe or protected or whether they were satisfied with the protective measures taken by the tribunal;
  • the reactions they have encountered from their communities and societies subsequent to their participation;
  • whether they were satisfied with the end result of the proceedings;
  • whether it has helped in the healing process.
Unfortunately, most of these questions were answered in the negative by the women from Rwanda and their concerns were echoed by those working within the tribunals.

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