Session 5: Criminal Justice Processes 3 – Victims
Victims’ voices in the Katanga case: exploring some of the challenges faced by the use of AI technology in the ICC
Giovanna Maria Frisso, University of Lincoln
Chair: Zinhle Koza, University of Nottingham
Panel Report by: Olivia Connan and James Chennells
How can AI be used to aid victims of mass atrocities? In the last year, The Office of the Prosecutor received 15,000 submissions detailing possible crimes which would fall within the jurisdiction of the ICC, all of which must be analysed one by one by staff. Each of these submissions must be processed, which can take up to one month, and then analysed, it is estimated that analysis takes roughly 1 month for an individual to analyse 100 forms. It is possible AI can be incorporated into this process to increase the efficiency of this process.
Although there seems to be a way to utilise AI in the Office of the Prosecutor it is clear that there must be a balance reached between efficiency and cost effectiveness and ensuring there is a space to listen to victims’ voices. A report produced during the Katanga case on victim engagement, which involved talking to the victims of the atrocities and identified challenges around victim engagement and effective communication. In addition to language challenges (local languages, in addition to English and French), it was also found that concepts such as compensation and rehabilitation did not make sense to many victims. This highlighted the absence of a common vocabulary between the institutions of international criminal justice and victims of international crimes.
"It was interesting to hear how AI can be incorporated into the processes of the ICC to make a positive change and ensure victims are heard. The past 5 years have seen a huge increase in the use of AI and with that huge criticism of the usage of AI. Therefore, it was reassuring to see that AI can be used in a positive way. However, it is clear that AI cannot fix all the problems faced by the ICC: whilst it may be a useful tool, AI may create new unforeseen challenges."
Supporting Inclusive Victim Participation at the ICC
Annika Jones, University of Exeter
At its inception the ICC was hailed as revolutionary for its victim participation procedures. However, demographics play into the barriers to effective victim participation; the demographics included in this survey ,completed by the speaker are gender, age and disability. The findings of the survey showed a lack of awareness of who is represented due to a lack of data, a lack of consistency in reporting and a restriction in the number of victims. Despite these limitations in the data, the survey indicated underrepresentation of members of certain demographic groups, including other characteristics including LGBTQI+ and internally displaced persons, that were additional to those that were the focus of the survey.
"I was shocked to learn that there is an issue of underreporting at the ICC regarding victim participation, generally the reporting of victim particuapation is limited to the number of victims, other characteristics of the victims, such as gender, sexuality or age are not reported this is largerly due to time contraints. This is especially surprising because Article 68(3) of the Rome Statute distinguishes the ICC from the past ad hoc Tribunals by allowing victims to participate at different stages of Court proceedings. Due to the inclusion of Article 68(3) I expected the ICC to be a pioneer of victim inclusion howeve,the ICC itself contributes to the barriers to participation through different practices, including a lack of outreach or by requiring a written format for participation which can cause barriers to people with disabilities. However, it was interesting to hear how these barriers can be created by external sources. For example, gender representation is heavily affected by local gender norms and by local Non-Governmental Organisations."
Voices Beyond Verdicts: Integrating Victims’ Narratives in the Proceedings of the International Criminal Court
Alessandra Cuppini, Faculty of Law and Criminology, Ghent University
Cuppini explained that victims' narratives contribute to the ICC's mandate to construct the factual record of the events under investigation. However, this presents some challenges in light of the classical structure of the trial. She discussed how the ICC can include cultural narratives in a legal procedural trial and proposed a narrative framework based on a new approach to truth-seeking. Victims contribute to the ICC proceedings in many ways. They can provide direct evidence of the crime and the initial evidence of the events. They also help to provide insight into the local context and highlight crimes that were not identified or overlooked, thereby providing a full spectrum of the harm suffered.
In addition, Cuppini also identified that the experience of suffering is the primary information the victim offers, but the evidential rules of the court hinder this. Given the nature of the crime, it is also hard for victims to recount the experience they have of the crimes committed. To overcome this, Cuppini proposed a normative framework highlighting trust-seeking and going beyond the binary determination of guilt and innocence. This requires a broad interpretation of justice, including the specific context and events surrounding the crime and investigating the political, social, and historical context. Victim participation can significantly assist in these determinations.
The presentation on the criminal procedure of the ICC was fascinating. It discussed ways to improve the current structure and make the most of the evidence provided by victims. It brings attention to key issues that place victims at the centre of the justice process within the ICC. This moves towards a framework that goes beyond guilt and focuses on establishing facts and providing clarity regarding the committed crime.
The bitter with the sweet: the OTP's narrative in the charges against Joseph Kony
Silvina Sánchez Mera, Robert Gordon University
Sánchez Mera discussed the Office of the Prosecutor's charging decisions in Joseph Kony's case, comparing them to the Ongwen case. This is a useful comparison because Kony was Ongwen's superior in the Lord’s Resistance Army, the conduct of which was the primary subject of the ICC’s investigation into the situation in Northern Uganda. The two crimes that the OTP focused on were slavery and rape. Sánchez Mera highlighted that the underlying concern is that narratives can shape our understanding of who tends to be a victim of war crimes.
The "ideal victim" is described as a ‘little lady’, implying that the ideal victim of rape is typically a woman. This approach can influence the application of the law and the recognition of victimhood in war crimes cases. In Ongwen’s case, rape was presented as violence against women and girls. The victim’s representative tried to submit evidence of male rape, but this was rejected as the crime was classified as violence against women and girls. Although most victims of sexual abuse are indeed women and girls, there is a risk in focusing exclusively on them.
This presentation emphasized the importance for the International Criminal Court (ICC) to maintain a broad approach to gathering evidence, including victims and charging decisions. Sánchez Mera makes an important point about refraining from excluding a certain type of victim based on the assumed gender of the crime. This exclusion denies justice to some victims and deprives them of the peace of mind that comes with the reaching of justice.