By Motoo Noguchi, Chair of the Board of Directors, The Trust Fund for Victims at the International Criminal Court.
His Grace Archbishop Emeritus Desmond Tutu, a member of the first Board of Directors of the Trust Fund for Victims (TFV) at the International Criminal Court (ICC) said, “We want to recognize those who over the several years have been the faceless ones, the anonymous ones, the ones who have been side-passed, and so in that process, help to heal trauma, help to heal wounded communities, help to make whole what was broken.” His ambition is now reflected in the main strategic goal of the TFV Strategic Plan 2014-2017: victims and their families overcome harm, lead a dignified life, and contribute towards reconciliation and peace-building within their communities.
Since my article to this magazine in June 2014, the TFV has made steady and substantial progress as the ICC Rome Statute’s primary vehicle for providing redress to victims of the most serious international crimes.
Under its assistance mandate, the TFV assisted, during the period of October 2014 to June 2015,059,695 direct beneficiaries and 126,703 indirect beneficiaries in northern Uganda and eastern Democratic Republic of the Congo. In their most recent annual meeting in April 2016, the Board of Directors reiterated its ambition to extend the provision of assistance to victims to more ICC situation countries.
Assistance programmes provide three categories of support to victims, namely, physical rehabilitation, psychological rehabilitation, and material support. Physical rehabilitation consists primarily of referrals of individuals in need of medical care to other service providers for cases requiring orthopedic or plastic surgery, fitting of prostheses, treatment of wounds or infections, fistula treatment and other types of care.
In Uganda, one of TFV implementing partners produces prostheses and orthotics devices and fits them to beneficiaries in need and conduct outreach visits to assess utilization and improvement of those with devices. Psychological rehabilitation involves the management of psychological and mental health of victims who have suffered serious psychological trauma and/or personality disorders. At the family and community level, its goal is to reduce stigmatization of victims, and to promote a greater sense of trust, shared responsibility, and peaceful coexistence among community members.
Material support aims at improving the economic status of victims through education, economic development activities, creation of employment opportunities, and savings and lending groups using a Mutuelle de Solidarite (MUSO) model. The target beneficiaries include: victims of sexual and gender-based violence (SGBV); widows/widowers; former child soldiers/abducted youth; orphans and vulnerable children; victims who suffered a physical injury and/or who were psychologically traumatized by violence; and family and other victims. The TFV’s programmes adopt one or more of these three categories of assistance depending on the needs of victims and availability of services.
As for its reparations mandate of implementing the Court-ordered reparations awards against a convicted person, the TFV has continued to actively engage in the ICC’s judicial proceedings to establish legal and operational mechanisms for providing meaningful redress to victims.
The ICC’s Appeals Chamber issued principles on reparations and order for reparations against Mr. Lubanga in March 2015 for the first time in the ICC’s history, and concrete reparations programmes and their operational mechanism are currently being developed before a Trial Chamber. As Mr Lubanga is deemed indigent, the TFV Board of Directors suggests exercising its discretionary power to complement one million Euros to reparations programmes.
The crimes committed were enlisting and conscripting children under the age of 15 in eastern DRC from 2002-2003, and the number of potential direct beneficiaries (former child soldiers) is roughly estimated at 3,000. However, recent efforts to contact those who have participated in the criminal proceedings demonstrate the degree of difficulties lying ahead, in particular in identifying those who have never contacted the Court and whose present whereabouts are unknown.
The TFV is the first of its kind in the history of international criminal justice and its mandates are highly challenging. For it to accomplish its mandates successfully, it requires even stronger moral, political and financial support from the States Parties and the international community. All of the TFV’s programmes are financed through voluntary contributions and private donations.
The new Board elected in November 2015 is fully aware of the need to further strengthen the TFV’s resource base. On behalf of the Board, I would like to cordially request you to join us in helping victims regain their dignity, life and hope.
