2nd Preparatory Commission of the International Criminal Court (ICC Prepcom), "Perspectives from the Tribunals" panel, part 1 of 2
Title | Título:
2nd Preparatory Commission of the International Criminal Court (ICC Prepcom), "Perspectives from the Tribunals" panel, part 1 of 2
Description | Descripción:
The Women's Caucus was formed in February 1997, to intervene in the ongoing Preparatory Committee meetings for the establishment of an International Criminal Court at the United Nations. Women realized that without an organized caucus, women's concerns would not be actively defended in the documents and process of creation of an International Criminal Court. The legal issues in the ICC are complex and sensitive. They require people from different legal systems and cultures to arrive at a consensus on specific issues that may challenge local traditions or beliefs. The gender-related issues are particularly sensitive, as they are not as well understood. Gender-related crimes are often perceived to be private or individual crimes that do not rise to the level of international human rights law, or that are perceived to be taken care of by a "neutral" statute. However, the experience of women has been that neutrality usually results in leaving out crimes against women and the ways that women, because of their socially constructed roles in society, are disproportionately affected. It was these concerns that the Women""s Caucus sought to address in the process of creation of an International Criminal Court. By advocating the codification of crimes of sexual, reproductive and gender violence, and inclusion of gender sensitive processes and criteria for personnel, the Caucus tried to ensure that the Court has capacity to implement justice for women. | [poor audio] First part of footage from a panel on "Perspectives from the Tribunals," organized by the Women's Caucus for Gender Justice as part of the 2nd Preparatory Commission for the International Criminal Court in August 1999. Panelists were Wendy Lobwein, a support officer in the victim-witness unit at the ICTY; Francoise Ngendahayo, advisor on gender issues and assistance to victims in the ICTR; the Hon. Elizabeth Odio-Benito, Vice-President of Costa Rica and a former judge at the ICTY; and Dr. Sara Sharratt, a former NGO Observer at the ICTY. Dr. Yael Danieli, of the International Society for Traumatic Stress Studies and the Group Project for Holocaust Survivors and their Children, moderated. Annette Lyth served as rapporteur. The video begins with an introduction by Pam Spees from the Women's Caucus. Dr. Yael Danieli then introduces the speakers. Elizabeth Odio Benito talks about her experience at the ICTY. She says that when they were drawing up the procedures, she recognized the need for rules to ensure protection for victims and witnesses, especially for victims of sexual violence. Because there were only two women judges, she says that it was a difficult task to have these rules included. At the first public appearance of the tribunal, she noticed that rape and sexual violence was absent from the indictment. She pointed out the necessity of examining crimes of rape and sexual violence, which was shocking at the time, but which went on to appear in future charges. Sara Sharratt talks about the need for protection and security, participation pre-trial and during trial, and reparations for victims and witnesses at the ICC. She says that these rules would have made a considerable difference at the ICTY. She gives specific examples from the ICTY in which the absence of these rules allowed gender imbalance, gender insensitivity, and ignorance about the centrality of gender issues to occur. Françoise Ngendahayo speaks about the ICTR, where there were no provisions on victims' representation. She talks about how she wrote an amendment on victim's assistance, which was accepted in July 1999. Ngendahayo says that one of the obstacles to victims' participation is the lack of information about their rights. She says that victims are also afraid to testify because of instances where witnesses have been killed upon return to Rwanda. She says that the tribunal can protect witnesses better, for example, by transporting witnesses to the tribunal by more covert means. Wendy Lobwein talks about her experience from the Victim and Witness section of the ICTY. She says that while the need for protection and support of victims and witnesses was envisaged, the logistical requirements of providing that protection was enormous and overwhelming. Lobwein details some of the logistical issues they encountered. Since then, the program has increased staffing and created a framework of support programs. The support program includes information to witnesses, escorted travel, 24-hour live-in assistance, insurance, psychological support, accommodations, daily allowance, compensation for lost wages, and child and dependent care.
Contributor | Contribuidor:
WITNESS (Creator) and Women's Caucus for Gender Justice (Creator)
unedited footage, metraje sin editar, moving image, panels (meetings), and paneles (reuniones)
Extent | Alcance:
19 minutes, 30 seconds
Rights - Use & Reproduction | Derechos - uso & reproducción:
http://rightsstatements.org/vocab/InC/1.0/
Language | Idioma:
English
Place of publication | Lugar de publicación:
Brooklyn (N.Y.)
Topic | Tema:
Advocacy, activism, and responses to persecution--Conferences, Defensa, activismo y respuestas a la persecución--Conferencias, Armed conflict and persecution--War crimes, Conflicto armado y persecución--Crímenes de guerra, Laws, justice, and judicial proceedings--Witnesses, Leyes, justicia y procedimientos judiciales--Testigos, Civil and political rights--Women's rights, Mujeres--Derechos--Derechos políticos y civiles, Armed conflict and persecution--Crimes against humanity, Conflicto armado y persecución--Crímenes contra la humanidad, Armed conflict and persecution--Sexual violence, and Conflicto armado y persecución--Violencia sexual
Place Name | Nombre del lugar:
Africa--Rwanda, África--Ruanda, Europe--Serbia and Montenegro, and Europa--Serbia y Montenegro
General Note | Notas generales:
A/D flag: physDigital; Generation: original; Signal format: NTSC; Carrier number 1 of 1.
UTL DAMS PID:
hrdi:badfb7de-3c23-4496-be84-4d578854af47
Local Identifier| Identificador local :
B01570-0_00_00_09 and witness_ihwe_7227
Related Resource – Host | Recursos relacionados:
Women's Caucus for Gender Justice's Footage for "If Hope Were Enough" Documentary (title) and https://txarchives.org/hrdi/finding_aids/00005.xml (uri)