Article 68, paragraph 3, reads as follows: "Where the personal interests of the victims are affected, the Court shall permit their view and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial."
Notifying victims and their legal representatives In order to allow victims and their representatives to apply for participation in the proceedings, the latter are notified "in a timely manner" by the Registrar "of the date of hearings and any postponements thereof, and the date of delivery of the decision" (Rule 92 [5] [a]). Notifications are usually made in writing. When written notification is not possible, the Registrar must make this notification "in any other form as appropriate" (Rule 92 [7]). In doing so, he may seek the cooperation of States Parties and the assistance of intergovernmental organizations (Rule 92 [8]).
Victims may make statements before the Court Article 68 (3) testifies to the unprecedented significance being attributed to victims. This provision assigns a role to victims that is no longer likely to be confused with that of witnesses. Rule 89 of the Rules of Procedure and Evidence sets forth the procedure that should be followed by victims who wish to present their views and concerns during a hearing. Victims are to submit a written application to the Registrar, who in turn transmits it to the relevant Chamber. The latter then specifies the manner in which the victims are expected to participate in the proceedings. The Chamber can therefore allow the victims to make "opening and closing statements" (Rule 89 [1]) before the Court. If the Chamber decides to reject the victim's application, nothing precludes the latter from filing a new application later in the proceedings (Rule 89 [2]). REPORTERS WITHOUT BORDERS
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DAMOCLES NETWORK
VICTIMS’ GUIDE TO THE ICC
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