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> Delivering on the promise of a fair, effective and independent Court > Gender and the ICC

The Rome Statute is the first international treaty to identify crimes against women as crimes against humanity, war crimes, and in some instances, genocide. Non-governmental organizations—including members of the Coalition for the International Criminal Court —were at the forefront of ensuring that the Rome Statute thoroughly safeguarded women’s rights.

The Statute recognizes rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilizations, gender-based persecutions, trafficking of persons particularly of women and children, and sexual violence as crimes under its jurisdiction.

Here are some of the provisions included in the Statute:


Procedural Protections for Victims and Witnesses

Women victims and witnesses before the ICC can expect procedures designed to address their needs. The ICC Statute and Rules of Procedure and Evidence (Rules) offer important protections for victims and witnesses, particularly those who suffered sexual or gender violence.

The Court is required to protect the safety, physical and psychological well-being, dignity, and privacy of victims and witnesses, with special regard to factors such as their gender and whether the crime involved sexual or gender violence.

The Statute and Rules also establish a Victims and Witnesses Unit to provide protection, security, counseling, and other assistance.

The Court can institute measures to protect victims and witnesses during trials and pre-trial proceedings.

The Court is also required to be vigilant in controlling the questioning of witnesses to avoid harassment or intimidation, especially in sexual violence cases.

Rules of Evidence to Protect Victims of Sexual Violence

The Rules are designed to shield victims of sexual violence from damaging or intrusive attacks on their sexuality or credibility.

The Court cannot admit evidence of a victim or witness's prior or subsequent sexual conduct or require corroboration of testimony concerning sexual violence.

The Rules outline principles to guide the Court in handling sexual violence cases, making clear that a victim's consent cannot be inferred where the perpetrator took advantage of a coercive environment (such as a detention center), and requiring special procedures for presenting evidence of consent to acts of sexual violence.

Staff Expertise on Gender and Sexual Violence

The Statute requires that the ICC prosecutor appoint advisers with legal expertise on sexual and gender violence and that the Victims and Witnesses Unit, to be housed within the ICC registry, include staff with experience in trauma related to sex crimes.

The Statute also requires states, in electing judges, to take into account the need for "fair representation" of female and male judges, and requires that the prosecutor and registrar do the same when hiring staff.

Victims’ Participation in the Proceedings

The ICC Statute and Rules facilitate victims' direct participation in the Court's proceedings. Victims can express their views, in accordance with the Statute and the Rules, giving them a chance to tell their stories even if they are not called as witnesses. This will allow individual women's voices, sometimes overlooked in international prosecutions, to emerge.


Useful links

UN Women Facebook page

International Women’s Day website and Facebook page


For more information on this issue, please contact Alix Vuillemin Grendel.