Many legal professionals know that victim services exist in the US, but what many don’t realize is that victim services exist internationally, too! In fact, July 17th serves as the World Day of Justice. Let’s take a few minutes to learn a few things about this day and why it’s so important!
1. July 17 Signifies the Start of the International Criminal Court
Even though the ICC didn’t become fully operational until 2002 when the Rome Statute was ratified by UN member states, the international community celebrates July 17th as the start of the ICC. This was when the Rome Statute, the document creating the ICC, was adopted by the UN on July 17, 1998!
2. The ICC Provides Justice for International Victims
Prior to 1998, no international court system existed to prosecute individuals for war crimes, genocide or other human rights violations. The ICC, as it stands today, works to bring justice to victims of these crimes. However, it is important to note the ICC can only prosecute individuals who are citizens of ICC member states. If a member state doesn’t sign on as a participatory country in the ICC, then the ICC cannot investigate/prosecute the claims. Countries that are not member states of the ICC include four of the world’s strongest powers: the United States, China, Russia and India.
3. There is a Reparations Fund for Victims Identified by the ICC
One of the solutions the ICC came up with in working to figure out how to best provide services to victims of human rights violations was creating the Trust Fund for Victims. This reparations fund provides money to victims and their families - not limited to compensation or return of property when defendants do not have the money themselves. Funded by member states and donations, the Trust Fund for Victims can also provide money to communities as a whole that are affected by international violence.
4. Victims Receive Direct Representation in the ICC
In the US, victims do not receive direct representation in criminal matters, especially if the state or local prosecutors are involved in the case. In the ICC, victim advocates are actually international attorneys who represent their interests and desires directly to ICC judges. The ICC does this specifically to ensure that victims have a voice and have someone who is highly knowledgeable in international law and can explain the process easily to them. However, victim attorneys in the ICC are trained in trauma-informed care and other empathetic principles that allow them to work directly with victims in an empowering way.
5. There is Still a Long Way to Go for the International Justice Community
The World Day of Justice serves to bring awareness to international justice and lets the international community, as well as other organizations, reaffirm their commitment to achieving justice world-wide. However, the international justice community still has a lot of work to do. Since the ICC still lacks participation from countries that have access to funding the ICC desperately needs, the ICC still struggles to maintain the Trust Fund and open up avenues for victims and communities. Many of the defendants prosecuted in the ICC remain fugitive, not appearing in front of the ICC when they’re supposed to. These minor issues actually lead to larger ones within the international justice community - because the ICC can’t operate to its fullest potential, some don’t think it has the capability it needs to fully bring justice to victims of human rights violations. However, the court staff of the ICC remains dedicated to providing justice to those impacted by genocide, war crimes or crimes against humanity.
Now that you know a little more about the ICC and the World Day of International Justice, join us in celebrating the establishment of the International Criminal Court on Friday, July 17th, 2020!