In an extraordinary move, the Pre-Trial Chamber of the International Criminal Court recently issued a decision ordering its registry "to establish, as soon as practicable, a system of public information and outreach activities for the benefit of the victims and affected communities in the situation in Palestine". [...]
The decision came at a time when state representatives gathered in The Hague to mark twenty years since the adoption of the Court's founding treaty, the so-called Rome Statute. Those participating in the celebrations reminisced at the landmark decision to establish the first permanent international criminal institution capable, in theory, of holding world leaders to account for their role in the commission of war crimes, crimes against humanity, and genocide. The novelty of the decision by the Pre-Trial Chamber on the situation in Palestine reminds us, however, of the court's shortcomings in engaging with victims and affected communities in a timely, continuous, and valuable manner as well as ensuring their early participation in the proceedings so that their unique views and concerns are taken into consideration from the beginning until the end.
The Rome Statute put victims at the heart of the court's work and gave them the right to participate in the proceedings and ultimately receive reparations for harm suffered. It also gave them the right to provide information to the court. As is rightly pointed out by the Pre-Trial Chamber, in order to exercise these rights, victims must be made aware of them and the work of the court. It is in this light that the decision on information and outreach for Palestinians should be praised. [...]
The meaningful implementation of the decision on the situation in Palestine is dependent on the allocation of adequate human and financial resources to information and outreach activities. It is also dependent on a mindful engagement between the court and civil society. But most importantly, it requires that the court itself directly and immediately interacts with Palestinian victims and affected communities. The responsibility to reach out to victims and include them in the work of the court lies primarily with the organs of the court.
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