Chapter 3 Responsibilities of the Registrar relating to Victims and Witnesses

• Author: International Criminal Court
• Pages: 36-52

36

Regulations of the Registry

Chapter 3

Responsibilities of the Registrar relating to Victims and Witnesses

Section 1 Assistance to Victims and Witnesses

Regulation 79

General provisions

1. Pursuant to article 43, paragraph 6, and rules 16, 17 and 18, the Registrar shall develop

and, to the extent possible, implement policies and procedures to enable witnesses to

testify in safety, so that the experience of testifying does not result in further harm,

suffering or trauma for the witnesses.

2. The Registrar shall exercise his or her functions regarding witnesses, victims who appear

before the Court and persons at risk with no distinction of any kind, whether of gender,

age, race, colour, language, religion or belief, political or other opinion, national, ethnic

or social origin, wealth, birth or other status.

Regulation 8069

Services to victims and witnesses

1. In order to receive services provided by the Registry, the Prosecutor and counsel shall

complete a form requesting the provision of services. Such services may also be requested

proprio motu by a Chamber. The Registry may request from the Prosecutor and counsel

any additional information necessary for the provision of services.

2. Services such as relocation, assisted move, accompanying support persons, dependent

care, extraordinary allowances for lost earnings and clothing allowances shall be provided

on a case-by-case basis, in accordance with an assessment made by the Registry.

Regulation 8170

Travel

1. The Registry shall arrange transportation for witnesses, victims who appear before

the Court and persons at risk, and where applicable dependants of all such persons in

accordance with regulation 90, and accompanying support persons who, pursuant to an

order of a chamber, need to travel in order to appear before the Court. The Registry may

also arrange such transportation for support or protection-related purposes.

2. The mode of transport shall be determined on a case-by-case basis, having regard to

protection, safety and health considerations.

3. Unless otherwise justif‌ied for support or protection reasons, travel shall be based on:

(a) An economy class return trip by the shortest route, subject to prior authorisation

by the Registry; or

(b) The practice of the Court for staff members for all other means of transport.

69 Amended 4 Decem ber 2013, entered into force 5 December 2013 .

70 Amended 4 Decemb er 2013, entered into force 5 December 2013.

37

Regulations of the Registry

Regulation 8271

Accommodation

1. Where required for the purposes of the Court and for such time as is necessary, the

Court shall provide appropriate full board and accommodation in locations selected by

the Registry for witnesses, victims who appear before the Court, persons at risk, and

where applicable dependants of all such persons in accordance with regulation 90, and

accompanying support persons.

2. Witnesses and victims who appear before the Court who have chosen not to accept

full board and accommodation provided by the Court shall only receive an incidental

allowance in accordance with regulation 84 and an attendance allowance in accordance

with regulation 85.

Regulation 8372

Support programme

1. The Registry shall develop a support programme, which shall also apply in the f‌ield, in

order to provide psychological and social assistance and advice to witnesses, victims who

appear before the Court, the dependants of all such persons, accompanying support

persons and persons at risk at the earliest stage possible.

2. In addition, the support programme shall provide, where appropriate, and for the

duration of their stay at the seat of the Court or at the site of its judicial proceedings,

appropriate assistance to witnesses, victims who appear before the Court and, where

applicable the dependants of all such persons in accordance with regulation 90, and

accompanying support persons.

Regulation 8473

Incidental allowance

1. An incidental allowance for personal expenses may be provided to witnesses, victims

who appear before the Court, persons at risk, and where applicable dependants of all

such persons in accordance with regulation 90, and accompanying support persons who

need to spend at least one night outside of their place of residence at any stage of their

journey.

2. The amount of the incidental allowance shall be determined by the Registrar and shall

be reviewed annually. The Registrar shall publish the table of the rate of incidental

allowance yearly on the website of the Court.

3. This provision shall not apply to persons appearing before the Court who receive an

allowance from the Court other than by virtue of regulations 85 and 86.

71 Amended 4 Decembe r 2013, entered into for ce 5 December 2013.

72 Amended 4 Decembe r 2013, entered into for ce 5 December 2013.

73 Amended 4 Decembe r 2013, entered into fo rce 5 December 2013.