Rules of Procedure and Evidence

Rule 1 Use of terms
Rule 2 Authentic texts
Rule 3 Amendments

Chapter 2 Composition and administration of the Court

Section I General provisions relating to the composition and administration of the Court

Rule 4 Plenary sessions
Rule 5 Solemn undertaking under article 45
Rule 6 Solemn undertaking by the staff of the Office of the Prosecutor, the Registry, interpreters and translators
Rule 7 Single judge under article 39, paragraph 2 (b) (iii)
Rule 8 Code of Professional Conduct

Section II The Office of the Prosecutor

Rule 9 Operation of the Office of the Prosecutor
Rule 10 Retention of information and evidence
Rule 11 Delegation of the Prosecutor’s functions

Section III The Registry

Subsection 1 General provisions relating to the Registry

Rule 12 Qualifications and election of the Registrar and the Deputy Registrar
Rule 13 Functions of the Registrar
Rule 14 Operation of the Registry
Rule 15 Records

Subsection 2 Victims and Witnesses Unit

Rule 16 Responsibilities of the Registrar relating to victims and witnesses
Rule 17 Functions of the Unit
Rule 18 Responsibilities of the Unit
Rule 19 Expertise in the Unit

Subsection 3 Counsel for the defence

Rule 20 Responsibilities of the Registrar relating to the rights of the defence
Rule 21 Assignment of legal assistance
Rule 22 Appointment and qualifications of Counsel for the defence

Section IV Situations that may affect the functioning of the Court

Subsection 1 Removal from office and disciplinary measures

Rule 23 General principle
Rule 24 Definition of serious misconduct and serious breach of duty
Rule 25 Definition of misconduct of a less serious nature
Rule 26 Receipt of complaints
Rule 27 Common provisions on the rights of the defence
Rule 28 Suspension from duty
Rule 29 Procedure in the event of a request for removal from office
Rule 30 Procedure in the event of a request for disciplinary measures
Rule 31 Removal from office
Rule 32 Disciplinary measures

Subsection 2 Excusing, disqualification, death and resignation

Rule 33 Excusing of a judge, the Prosecutor or a Deputy Prosecutor
Rule 34 Disqualification of a judge, the Prosecutor or a Deputy Prosecutor
Rule 35 Duty of a judge, the Prosecutor or a Deputy Prosecutor to request to be excused
Rule 36 Death of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy Registrar
Rule 37 Resignation of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy Registrar

Subsection 3 Replacements and alternate judges

Rule 38 Replacements
Rule 39 Alternate judges

Section V Publication, languages and translation

Rule 40 Publication of decisions in official languages of the Court
Rule 41 Working languages of the Court
Rule 42 Translation and interpretation services
Rule 43 Procedure applicable to the publication of documents of the Court

Chapter 3 Jurisdiction and admissibility

Section I Declarations and referrals relating to articles 11, 12, 13 and 14

Rule 44 Declaration provided for in article 12, paragraph 3
Rule 45 Referral of a situation to the Prosecutor

Section II Initiation of investigations under article 15

Rule 46 Information provided to the Prosecutor under article 15, paragraphs 1 and 2
Rule 47 Testimony under article 15, paragraph 2
Rule 48 Determination of reasonable basis to proceed with an investigation under article 15, paragraph 3
Rule 49 Decision and notice under article 15, paragraph 6
Rule 50 Procedure for authorization by the Pre-Trial Chamber of the commencement of the investigation

Section III Challenges and preliminary rulings under articles 17, 18 and 19

Rule 51 Information provided under article 17
Rule 52 Notification provided for in article 18, paragraph 1
Rule 53 Deferral provided for in article 18, paragraph 2
Rule 54 Application by the Prosecutor under article 18, paragraph 2
Rule 55 Proceedings concerning article 18, paragraph 2
Rule 56 Application by the Prosecutor following review under article 18, paragraph 3
Rule 57 Provisional measures under article 18, paragraph 6
Rule 58 Proceedings under article 19
Rule 59 Participation in proceedings under article 19, paragraph 3
Rule 60 Competent organ to receive challenges
Rule 61 Provisional measures under article 19, paragraph 8
Rule 62 Proceedings under article 19, paragraph 10

Chapter 4 Provisions relating to various stages of the proceedings

Section I Evidence

Rule 63 General provisions relating to evidence
Rule 64 Procedure relating to the relevance or admissibility of evidence
Rule 65 Compellability of witnesses
Rule 66 Solemn undertaking
Rule 67 Live testimony by means of audio or video-link technology
Rule 68 Prior recorded testimony
Rule 69 Agreements as to evidence
Rule 70 Principles of evidence in cases of sexual violence
Rule 71 Evidence of other sexual conduct
Rule 72 In camera procedure to consider relevance or admissibility of evidence
Rule 73 Privileged communications and information
Rule 74 Self-incrimination by a witness
Rule 75 Incrimination by family members

Section II Disclosure

Rule 76 Pre-trial disclosure relating to prosecution witnesses
Rule 77 Inspection of material in possession or control of the Prosecutor
Rule 78 Inspection of material in possession or control of the defence
Rule 79 Disclosure by the defence
Rule 80 Procedures for raising a ground for excluding criminal responsibility under article 31, paragraph 3
Rule 81 Restrictions on disclosure
Rule 82 Restrictions on disclosure of material and information protected under article 54, paragraph 3 (e)
Rule 83 Ruling on exculpatory evidence under article 67, paragraph 2
Rule 84 Disclosure and additional evidence for trial

Section III Victims and witnesses

Subsection 1 Definition and general principle relating to victims

Rule 85 Definition of victims
Rule 86 General principle

Subsection 2 Protection of victims and witnesses

Rule 87 Protective measures
Rule 88 Special measures

Subsection 3 Participation of victims in the proceedings

Rule 89 Application for participation of victims in the proceedings
Rule 90 Legal representatives of victims
Rule 91 Participation of legal representatives in the proceedings
Rule 92 Notification to victims and their legal representatives
Rule 93 Views of victims or their legal representatives

Subsection 4 Reparations to victims

Rule 94 Procedure upon request
Rule 95 Procedure on the motion of the Court
Rule 96 Publication of reparation proceedings
Rule 97 Assessment of reparations
Rule 98 Trust Fund
Rule 99 Cooperation and protective measures for the purpose of forfeiture under articles 57, paragraph 3 (e), and 75, paragraph 4

Section IV Miscellaneous provisions

Rule 100 Place of the proceedings
Rule 101 Time limits
Rule 102 Communications other than in writing
Rule 103 Amicus curiae and other forms of submission

Chapter 5 Investigation and prosecution

Section I Decision of the Prosecutor regarding the initiation of an investigation under article 53, paragraphs 1 and 2

Rule 104 Evaluation of information by the Prosecutor
Rule 105 Notification of a decision by the Prosecutor not to initiate an investigation
Rule 106 Notification of a decision by the Prosecutor not to prosecute

Section II Procedure under article 53, paragraph 3

Rule 107 Request for review under article 53, paragraph 3 (a)
Rule 108 Decision of the Pre-Trial Chamber under article 53, paragraph 3 (a)
Rule 109 Review by the Pre-Trial Chamber under article 53, paragraph 3 (b)
Rule 110 Decision by the Pre-Trial Chamber under article 53, paragraph 3 (b)

Section III Collection of evidence

Rule 111 Record of questioning in general
Rule 112 Recording of questioning in particular cases
Rule 113 Collection of information regarding the state of health of the person concerned
Rule 114 Unique investigative opportunity under article 56
Rule 115 Collection of evidence in the territory of a State Party under article 57, paragraph 3 (d)
Rule 116 Collection of evidence at the request of the defence under article 57, paragraph 3 (b)

Section IV Procedures in respect of restriction and deprivation of liberty

Rule 117 Detention in the custodial State
Rule 118 Pre-trial detention at the seat of the Court
Rule 119 Conditional release
Rule 120 Instruments of restraint

Section V Proceedings with regard to the confirmation of charges under article 61

Rule 121 Proceedings before the confirmation hearing
Rule 122 Proceedings at the confirmation hearing in the presence of the person charged
Rule 123 Measures to ensure the presence of the person concerned at the confirmation hearing
Rule 124 Waiver of the right to be present at the confirmation hearing
Rule 125 Decision to hold the confirmation hearing in the absence of the person concerned
Rule 126 Confirmation hearing in the absence of the person concerned

Section VI Closure of the pre-trial phase

Rule 127 Procedure in the event of different decisions on multiple charges
Rule 128 Amendment of the charges
Rule 129 Notification of the decision on the confirmation of charges
Rule 130 Constitution of the Trial Chamber

Chapter 6 Trial procedure

Rule 131 Record of the proceedings transmitted by the Pre-Trial Chamber
Rule 132 Status conferences
Rule 133 Motions challenging admissibility or jurisdiction
Rule 134 Motions relating to the trial proceedings
Rule 135 Medical examination of the accused
Rule 136 Joint and separate trials accused were being tried separately
Rule 137 Record of the trial proceedings
Rule 138 Custody of evidence
Rule 139 Decision on admission of guilt
Rule 140 Directions for the conduct of the proceedings and testimony
Rule 141 Closure of evidence and closing statements
Rule 142 Deliberations
Rule 143 Additional hearings on matters related to sentence or reparations
Rule 144 Delivery of the decisions of the Trial Chamber

Chapter 7 Penalties

Rule 145 Determination of sentence
Rule 146 Imposition of fines under article 77
Rule 147 Orders of forfeiture
Rule 148 Orders to transfer fines or forfeitures to the Trust Fund

Chapter 8 Appeal and revision

Section I General provisions

Rule 149 Rules governing proceedings in the Appeals Chamber

Section II Appeals against convictions, acquittals, sentences and reparation orders

Rule 150 Appeal
Rule 151 Procedure for the appeal
Rule 152 Discontinuance of the appeal
Rule 153 Judgement on appeals against reparation orders

Section III Appeals against other decisions

Rule 154 Appeals that do not require the leave of the Court
Rule 155 Appeals that require leave of the Court
Rule 156 Procedure for the appeal
Rule 157 Discontinuance of the appeal
Rule 158 Judgement on the appeal

Section IV Revision of conviction or sentence

Rule 159 Application for revision
Rule 160 Transfer for the purpose of revision
Rule 161 Determination on revision

Chapter 9 Offences and misconduct against the Court

Section I Offences against the administration of justice under article 70

Rule 162 Exercise of jurisdiction
Rule 163 Application of the Statute and the Rules
Rule 164 Periods of limitation
Rule 165 Investigation, prosecution and trial
Rule 166 Sanctions under article 70
Rule 167 International cooperation and judicial assistance
Rule 168 Ne bis in idem.
Rule 169 Immediate arrest

Section II Misconduct before the Court under article 71

Rule 170 Disruption of proceedings
Rule 171 Refusal to comply with a direction by the Court
Rule 172 Conduct covered by both articles 70 and 71

Chapter 10 Compensation to an arrested or convicted person

Rule 173 Request for compensation
Rule 174 Procedure for seeking compensation
Rule 175 Amount of compensation

Chapter 11 International cooperation and judicial assistance

Section I Requests for cooperation under article 87

Rule 176 Organs of the Court responsible for the transmission and receipt of any communications relating to international cooperation and judicial assistance
Rule 177 Channels of communication
Rule 178 Language chosen by States Parties under article 87, paragraph 2
Rule 179 Language of requests directed to States not party to the Statute
Rule 180 Changes in the channels of communication or the languages of requests for cooperation

Section II Surrender, transit and competing requests under articles 89 and 90

Rule 181 Challenge to admissibility of a case before a national court
Rule 182 Request for transit under article 89, paragraph 3 (e)
Rule 183 Possible temporary surrender
Rule 184 Arrangements for surrender
Rule 185 Release of a person from the custody of the Court other than upon completion of sentence
Rule 186 Competing requests in the context of a challenge to the admissibility of the case

Section III Documents for arrest and surrender under articles 91 and 92

Rule 187 Translation of documents accompanying request for surrender
Rule 188 Time limit for submission of documents after provisional arrest
Rule 189 Transmission of documents supporting the request

Section IV Cooperation under article 93

Rule 190 Instruction on self-incrimination accompanying request for witness
Rule 191 Assurance provided by the Court under article 93, paragraph 2
Rule 192 Transfer of a person in custody
Rule 193 Temporary transfer of the person from the State of enforcement
Rule 194 Cooperation requested from the Court

Section V Cooperation under article 98

Rule 195 Provision of information

Section VI Rule of speciality under article 101

Rule 196 Provision of views on article 101, paragraph 1
Rule 197 Extension of the surrender

Chapter 12 Enforcement

Section I Role of States in enforcement of sentences of imprisonment and change in designation of State of enforcement under articles 103 and 104

Rule 198 Communications between the Court and States
Rule 199 Organ responsible under Part 10
Rule 200 List of States of enforcement
Rule 201 Principles of equitable distribution
Rule 202 Timing of delivery of the sentenced person to the State of enforcement
Rule 203 Views of the sentenced person
Rule 204 Information relating to designation
Rule 205 Rejection of designation in a particular case
Rule 206 Delivery of the sentenced person to the State of enforcement
Rule 207 Transit
Rule 208 Costs
Rule 209 Change in designation of State of enforcement
Rule 210 Procedure for change in the designation of a State of enforcement

Section II Enforcement, supervision and transfer under articles 105, 106 and 107

Rule 211 Supervision of enforcement of sentences and conditions of imprisonment
Rule 212 Information on location of the person for enforcement of fines, forfeitures or reparation measures Rule 213 Procedure for article 107, paragraph 3

Rule 214 Request to prosecute or enforce a sentence for prior conduct
Rule 215 Decision on request to prosecute or enforce a sentence
Rule 216 Information on enforcement

Rule 217 Cooperation and measures for enforcement of fines, forfeiture or reparation orders
Rule 218 Orders for forfeiture and reparations
Rule 219 Non-modification of orders for reparation
Rule 220 Non-modification of judgements in which fines were imposed
Rule 221 Decision on disposition or allocation of property or assets
Rule 222 Assistance for service or any other measure

Section V Review concerning reduction of sentence under article 110

Rule 223 Criteria for review concerning reduction of sentence
Rule 224 Procedure for review concerning reduction of sentence

Section VI Escape

Rule 225 Measures under article 111 in the event of escape

Chapter 1 General provisions

Rule 1 Use of terms

In the present document:

- “article” refers to articles of the Rome Statute;

- “Chamber” refers to a Chamber of the Court;

- “Part” refers to the Parts of the Rome Statute;

- “Presiding Judge” refers to the Presiding Judge of a Chamber;

- “the President” refers to the President of the Court;

- “the Regulations” refers to the Regulations of the Court;

- “the Rules” refers to the Rules of Procedure and Evidence.

Rule 2 Authentic texts

The Rules have been adopted in the official languages of the Court established by article 50, paragraph 1. All texts are equally authentic.

Rule 3 Amendments

1. Amendments to the rules that are proposed in accordance with article 51, paragraph 2, shall be forwarded to the President of the Bureau of the Assembly of States Parties.

2. The President of the Bureau of the Assembly of States Parties shall ensure that all proposed amendments are translated into the official languages of the Court and are transmitted to the States Parties.

3. The procedure described in sub-rules 1 and 2 shall also apply to the provisional rules referred to in article 51, paragraph 3.

Chapter 2 Composition and administration of the Court

Section I General provisions relating to the composition and administration of the Court

Rule 4 Plenary sessions

1. The judges shall meet in plenary session not later than two months after their election. At that first session, after having made their solemn undertaking, in conformity with rule 5, the judges shall:

(a) Elect the President and Vice-Presidents;

(b) Assign judges to divisions.

2. The judges shall meet subsequently in plenary session at least once a year to exercise their functions under the Statute, the Rules and the Regulations and, if necessary, in special plenary sessions convened by the President on his or her own motion or at the request of one half of the judges.

3. The quorum for each plenary session shall be two-thirds of the judges.

4. Unless otherwise provided in the Statute or the Rules, the decisions of the plenary sessions shall be taken by the majority of the judges present. In the event of an equality of votes, the President, or the judge acting in the place of the President, shall have a casting vote.

5. The Regulations shall be adopted as soon as possible in plenary sessions.

Article 52 Regulations of the Court

Rule 5 Solemn undertaking under article 45

1. As provided in article 45, before exercising their functions under the Statute, the following solemn undertakings shall be made:

(a) In the case of a judge:

“I solemnly undertake that I will perform my duties and exercise my powers as a judge of the International Criminal Court honourably, faithfully, impartially and conscientiously, and that I will respect the confidentiality of investigations and prosecutions and the secrecy of deliberations.”;

(b) In the case of the Prosecutor, a Deputy Prosecutor, the Registrar and the Deputy Registrar of the Court:

“I solemnly undertake that I will perform my duties and exercise my powers as (title) of the International Criminal Court honourably, faithfully, impartially and conscientiously, and that I will respect the confidentiality of investigations and prosecutions.”

2. The undertaking, signed by the person making it and witnessed by the President or a Vice-President of the Bureau of the Assembly of States Parties, shall be filed with the Registry and kept in the records of the Court.

Rule 6 Solemn undertaking by the staff of the Office of the Prosecutor, the Registry, interpreters and translators

1. Upon commencing employment, every staff member of the Office of the Prosecutor and the Registry shall make the following undertaking:

The undertaking, signed by the person making it and witnessed, as appropriate, by the Prosecutor, the Deputy Prosecutor, the Registrar or the Deputy Registrar, shall be filed with the Registry and kept in the records of the Court.

2. Before performing any duties, an interpreter or a translator shall make the following undertaking:

"I solemnly declare that I will perform my duties faithfully, impartially and with full respect for the duty of confidentiality.";

The undertaking, signed by the person making it and witnessed by the President of the Court or his or her representative, shall be filed with the Registry and kept in the records of the Court.

Article 45 Solemn undertaking

Rule 7 Single judge under article 39, paragraph 2 (b) (iii)

1. Whenever the Pre-Trial Chamber designates a judge as a single judge in accordance with article 39, paragraph 2 (b) (iii), it shall do so on the basis of objective pre-established criteria.[1]

2. The designated judge shall make the appropriate decisions on those questions on which decision by the full Chamber is not expressly provided for in the Statute or the Rules.[2]

3. The Pre-Trial Chamber, on its own motion or, if appropriate, at the request of a party, may decide that the functions of the single judge be exercised by the full Chamber.[3]

Rule 8 Code of Professional Conduct

1. The Presidency, on the basis of a proposal made by the Registrar, shall draw up a draft Code of Professional Conduct for counsel, after having consulted the Prosecutor. In the preparation of the proposal, the Registrar shall conduct the consultations in accordance with rule 20, sub-rule 3.

2. The draft Code shall then be transmitted to the Assembly of States Parties, for the purpose of adoption, according to article 112, paragraph 7.

3. The Code shall contain procedures for its amendment.

Article 38 The Presidency

Section II The Office of the Prosecutor

Rule 9 Operation of the Office of the Prosecutor

In discharging his or her responsibility for the management and administration of the Office of the Prosecutor, the Prosecutor shall put in place regulations to govern the operation of the Office. In preparing or amending these regulations, the Prosecutor shall consult with the Registrar on any matters that may affect the operation of the Registry.

Article 42 The Office of the Prosecutor

Rule 10 Retention of information and evidence

The Prosecutor shall be responsible for the retention, storage and security of information and physical evidence obtained in the course of the investigations by his or her Office.

Article 42 The Office of the Prosecutor

Rule 11 Delegation of the Prosecutor’s functions

Except for the inherent powers of the Prosecutor set forth in the Statute, inter alia, those described in articles 15 and 53, the Prosecutor or a Deputy Prosecutor may authorize staff members of the Office of the Prosecutor, other than those referred to in article 44, paragraph 4, to represent him or her in the exercise of his or her functions.

Article 42 The Office of the Prosecutor

Section III The Registry

Subsection 1 General provisions relating to the Registry

Rule 12 Qualifications and election of the Registrar and the Deputy Registrar

1. As soon as it is elected, the Presidency shall establish a list of candidates who satisfy the criteria laid down in article 43, paragraph 3, and shall transmit the list to the Assembly of States Parties with a request for any recommendations.

2. Upon receipt of any recommendations from the Assembly of States Parties, the President shall, without delay, transmit the list together with the recommendations to the plenary session.

3. As provided for in article 43, paragraph 4, the Court, meeting in plenary session, shall, as soon as possible, elect the Registrar by an absolute majority, taking into account any recommendations by the Assembly of States Parties. In the event that no candidate obtains an absolute majority on the first ballot, successive ballots shall be held until one candidate obtains an absolute majority.

4. If the need for a Deputy Registrar arises, the Registrar may make a recommendation to the President to that effect. The President shall convene a plenary session to decide on the matter. If the Court, meeting in plenary session, decides by an absolute majority that a Deputy Registrar is to be elected, the Registrar shall submit a list of candidates to the Court.

5. The Deputy Registrar shall be elected by the Court, meeting in plenary session, in the same manner as the Registrar.

Rule 13 Functions of the Registrar

1. Without prejudice to the authority of the Office of the Prosecutor under the Statute to receive, obtain and provide information and to establish channels of communication for this purpose, the Registrar shall serve as the channel of communication of the Court.

2. The Registrar shall also be responsible for the internal security of the Court in consultation with the Presidency and the Prosecutor, as well as the host State.

Article 43 The Registry

Rule 14 Operation of the Registry

1. In discharging his or her responsibility for the organization and management of the Registry, the Registrar shall put in place regulations to govern the operation of the Registry. In preparing or amending these regulations, the Registrar shall consult with the Prosecutor on any matters which may affect the operation of the Office of the Prosecutor. The regulations shall be approved by the Presidency.

2. The regulations shall provide for defence counsel to have access to appropriate and reasonable administrative assistance from the Registry.

Article 43 The Registry

Rule 15 Records

1. The Registrar shall keep a database containing all the particulars of each case brought before the Court, subject to any order of a judge or Chamber providing for the non-disclosure of any document or information, and to the protection of sensitive personal data. Information on the database shall be available to the public in the working languages of the Court.

2. The Registrar shall also maintain the other records of the Court.

Article 43 The Registry

Subsection 2 Victims and Witnesses Unit

Rule 16 Responsibilities of the Registrar relating to victims and witnesses

1. In relation to victims, the Registrar shall be responsible for the performance of the following functions in accordance with the Statute and these Rules:

(a) Providing notice or notification to victims or their legal representatives;

(b) Assisting them in obtaining legal advice and organizing their legal representation, and providing their legal representatives with adequate support, assistance and information, including such facilities as may be necessary for the direct performance of their duty, for the purpose of protecting their rights during all stages of the proceedings in accordance with rules 89 to 91;

(d) Taking gender-sensitive measures to facilitate the participation of victims of sexual violence at all stages of the proceedings.

2. In relation to victims, witnesses and others who are at risk on account of testimony given by such witnesses, the Registrar shall be responsible for the performance of the following functions in accordance with the Statute and these Rules: [4]

(a) Informing them of their rights under the Statute and the Rules, and of the existence, functions and availability of the Victims and Witnesses Unit;

(b) Ensuring that they are aware, in a timely manner, of the relevant decisions of the Court that may have an impact on their interests, subject to provisions on confidentiality.

3. For the fulfilment of his or her functions, the Registrar may keep a special register for victims who have expressed their intention to participate in relation to a specific case.

4. Agreements on relocation and provision of support services on the territory of a State of traumatized or threatened victims, witnesses and others who are at risk on account of testimony given by such witnesses may be negotiated with the States by the Registrar on behalf of the Court. Such agreements may remain confidential.

Article 43 The Registry

Rule 17 Functions of the Unit

1. The Victims and Witnesses Unit shall exercise its functions in accordance with article 43, paragraph 6.

2. The Victims and Witnesses Unit shall, inter alia, perform the following functions, in accordance with the Statute and the Rules, and in consultation with the Chamber, the Prosecutor and the defence, as appropriate:[5]

(a) With respect to all witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses, in accordance with their particular needs and circumstances:

(i) Providing them with adequate protective and security measures and formulating long- and short-term plans for their protection;

(ii) Recommending to the organs of the Court the adoption of protection measures and also advising relevant States of such measures;

(iii) Assisting them in obtaining medical, psychological and other appropriate assistance;

(iv) Making available to the Court and the parties training in issues of trauma, sexual violence, security and confidentiality;

(v) Recommending, in consultation with the Office of the Prosecutor, the elaboration of a code of conduct, emphasizing the vital nature of security and confidentiality for investigators of the Court and of the defence and all intergovernmental and non-governmental organizations acting at the request of the Court, as appropriate;

(vi) Cooperating with States, where necessary, in providing any of the measures stipulated in this rule;

(b) With respect to witnesses: [20]

(i) Advising them where to obtain legal advice for the purpose of protecting their rights, in particular in relation to their testimony;

(ii) Assisting them when they are called to testify before the Court;

(iii) Taking gender-sensitive measures to facilitate the testimony of victims of sexual violence at all stages of the proceedings.

3. In performing its functions, the Unit shall give due regard to the particular needs of children, elderly persons and persons with disabilities. In order to facilitate the participation and protection of children as witnesses, the Unit may assign, as appropriate, and with the agreement of the parents or the legal guardian, a childsupport person to assist a child through all stages of the proceedings.

Rule 18 Responsibilities of the Unit

For the efficient and effective performance of its work, the Victims and Witnesses Unit shall:

(a) Ensure that the staff in the Unit maintain confidentiality at all times;

(b) While recognizing the specific interests of the Office of the Prosecutor, the defence and the witnesses, respect the interests of the witness, including, where necessary, by maintaining an appropriate separation of the services provided to the prosecution and defence witnesses, and act impartially when cooperating with all parties and in accordance with the rulings and decisions of the Chambers;

(c) Have administrative and technical assistance available for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses, during all stages of the proceedings and thereafter, as reasonably appropriate;

(d) Ensure training of its staff with respect to victims’ and witnesses’ security, integrity and dignity, including matters related to gender and cultural sensitivity;

(e) Where appropriate, cooperate with intergovernmental and nongovernmental organizations.

Article 43, paragraph 6 The Registry