While the International Criminal Court (ICC) will celebrate "International Criminal Justice Day" next Sunday, some 470 victims are denied the opportunity to participate in the confirmation of charges hearing against war crimes suspect Callixte Mbarushimana, says REDRESS. Due to insufficient resources at the court in The Hague, another 1,500 could be affected in upcoming cases, says the victims organisation.

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REDRESS rings the alarm since ICC registry officials have warned judges that they can not process the paperwork to enable victims to take part in court hearings, because they simply do not have enough staff.

"Victims are paying the price for the failure to properly resource the Registry. Victim participation is one of the most innovative features of the ICC, designed to involve in the justice process those most affected by crimes. Now, victims are finally coming forward to engage with the Court but the Court is not ready or capable to deal with them. If this resource issue is not resolved, victim participation will become a meaningless paper promise," says Carla Ferstman, REDRESS' Director.

Victims' voice
Earlier this month, Trial Chamber I ruled that hundreds of pending applications from victims wanting to participate in the Callixte Mbarushimana confirmation of charges hearing would be left out, because the registry could not meet the deadline to process the applications that had been set by the court.

This decision will deny 470 victims who potentially qualify to participate in the case, a voice during the confirmation of charges hearing, due to take place on 17 August 2011. "This is significant for victims who often perceive the court as a remote institution and see the confirmation of charges hearing as the first opportunity for their lawyers to make a statement on their behalf, says REDRESS

Mbarushimana is not the only case affected. In the Ruto case - concerning crimes in Kenya - the registry indicated that it would only be able to process 400 out of 1800 applications. In the Muthaura case (Kenya), the Registry also stressed that it would not be able to process all of the applications from victims. So far, almost 2,000 victims are affected but the problem is likely to worsen in the resource issue is not addressed.

Of all trials taking place at the ICC, Jean Pierre Bemba has the largest number of participating victims. The number of victims participating in his trial has even risen to 1,620 after judges approved another 307 applications last week. In Thomas Lubanga’s trial, there are 118 participating victims, while in the joint trial of Germain Katanga and Mathieu Ngudjolo, judges have granted 365 victims the right to participate in the proceedings.

Money
The ICC is finalising its budget for 2012 which will soon be discussed within its managing body, the Assembly of States Parties, which is expected to pay. Despite the fact that the court is now working on many new investigations, including from Libya, Cote D'Ivoire and Kenya, some states have been insisting on a 'zero-growth' budget from the previous year.

"States have recognised the importance of the court by continuing to refer it new cases, but have not matched this with adequate financial support. While recognising the financial constraints on many States, why create a court then prevent it from fulfilling its mandate? Excluding victims from being involved in court hearings is just another way to say they don't matter. This is the wrong signal to send to victims and affected communities, says Ferstman.