The Hague (Netherlands)
|Organizational Unit:||Trust Fund for Victims (TFV)|
|Duty Station:||The Hague|
|Type of Appointment:||
Consultant Deadline: 18/06/2021
|Contract Duration:||Temporary Contract (Until 31/12/2021), based on deliverables|
TERMS OF REFERENCE FOR TWO (2) REPARATIONS EXPERTS
I. BACKGROUND INFORMATION
a) The Trust Fund For Victims
The Trust Fund for Victims (TFV) is the first of its kind in the global movement to end impunity and promote justice. With the adoption of the Rome Statute in 2002 and the establishment of the International Criminal Court (ICC) as an independent international organisation, the international community has provided a new platform to achieve justice for the victims of the most serious crimes, namely genocide, crimes against humanity, war crimes and crimes of aggression.
Acknowledging the importance of victims’ assistance as part of the global justice system, the Assembly of States Parties, under Article 79 of the Rome Statute, established the TFV. The TFV responds to the harm resulting from the crimes under the jurisdiction of the ICC by ensuring the rights of victims and their families through the provision of reparations and assistance.
The TFV is mandated by the Rome Statute, the ICC’s founding treaty to support and implement programmes that address harms resulting from ICC crimes. It does so in two ways:
- Reparations: implementing Court-ordered reparations awards against a convicted person when directed by the Court to do so.
- Assistance: using voluntary contributions and private donations, to provide victims and their families in situations under Court jurisdiction with physical rehabilitation, material support, and/or psychological rehabilitation.
To implement its two fold mandate, the TFV works closely with international and national NGOs, community based organisations,
women’s grassroots organizations, governments, and UN agencies at local, national, and international levels. The TFV empowers victims of crimes against humanity, crimes of war, genocide and crimes of aggression and their families as main stakeholders in the process of rebuilding their lives.
With the unique roles of implementing both Court-ordered reparations and general assistance activities to victims of crimes under the ICC’s jurisdiction, the TFV works towards promoting lasting peace, reconciliation, and rehabilitation in war-torn societies.
b) The Ntaganda case (ICC-01/04-02/06)
On 8 March 2021, Trial Chamber VI issued its Order on Reparations in the Ntaganda case, awarding collective reparations with individualised components for a total reparations award of USD 30,000,000. The modalities of reparations may include measures of restitution, compensation, rehabilitation, and satisfaction, which may incorporate, when appropriate, a symbolic, preventative, or transformative value.
The Trial Chamber noted that priority shall be given to individuals who require immediate medical and psychological care, victims with disabilities and the elderly, victims of sexual or gender-based violence, victims who are homeless or experiencing financial hardship, as well as children born out of rape and sexual slavery and former child soldiers.
The TFV was instructed to submit a draft implementation plan on the basis of all the modalities of reparations identified in the Order, in consultation with the victims, by 8 September 2021, at the latest, and an urgent plan for the priority victims no later than 8 June 2021.
On 8 April 2021, the Common Legal Representative of the Victims of the Attacks and the Defence of Mr Ntaganda filed appeals against the Reparations Order.
c) The Ongwen case (ICC-02/04-01/15)
On 6 May 2021, Trial Chamber IX, upon having determined the sentence of Mr Ongwen, issued an Order for Submissions on Reparations. In that order, the Trust Fund has been tasked with submitting the main reparation observations by 6 September 2021.
II. JUSTIFICATION OF THE ASSIGNMENT
This consultancy is necessary for the TFV in order to strengthen the existing capacity of the Secretariat in ongoing reparations related activities, in particular in the Ntaganda and Ongwen case and in particular in light of concurring deadlines of three major documents that need to be submitted to the respective Chambers.
III. SCOPE OF THE ASSIGNMENT
The work of the reparations consultants will be conducted under the supervision of the Legal Adviser and in coordination with the relevant TFV Programme Manager, and will consist of:
- Drafting the upcoming Ntaganda draft implementation plan (due in September 2021);
- Drafting the upcoming submissions for the Ongwen judicial reparation proceedings.
- Organising consultations with experts, civil society, NGOs etc. remotely and in coordination with the TFV programme managers and their teams;
- Organising consultations with the legal representatives and the Registry insofar as required for the screening process;
- Drafting the TFV appeal observations in the Ntaganda reparation appeal proceedings;
- Providing assistance as needed in the TFV’s upcoming tasks in relation to other reparations proceedings;
- Insofar as delegated by the Legal Adviser, coordinating the work of those contributing to the above documents, including legal staff, interns and visiting professionals for the purposes of the Ntaganda proceedings.
IV. ESSENTIAL QUALIFICATIONS
Advanced university degree in law from a recognised university, preferably with a specialisation in international criminal law. A first-level university degree in combination with two additional years of experience is accepted in lieu of the advanced university degree.
A minimum of two years (four years with a first-level university degree) of relevant professional work experience. Additional years of experience are strongly desired. Professional experience in drafting complex legal documents in a team is required. Professional experience in international or domestic criminal law is strongly desired. Experience in victims’ rights would be an asset.
V. PERIOD OF PERFORMANCE AND THE CONDITIONS OF WORK
The period of the consultancy is from 15 June for a period of three months and a maximum period of six months in case the timelines for the deliverables are extended. The consultant will be paid a lump sum according to his or her years of experience for the whole assignment.
The contract for this assignment will be based on the above-mentioned expected deliverables.
The expert will be given Citrix access.
The expert’s work will be supervised by the Legal Adviser.
As part of the employment procedure, the expert will be required to sign a detailed document on confidentiality.