International Criminal Court: Rules of Evidence and Procedure

The Rules of Evidence and Procedure (“Rules”) are a subordinate instrument for the application of the Rome Statute and to protect the rights of women in relation to sexual violence cases. For instance, under Rule 63(4) corroboration is not required to prove any crime within the ICC’s jurisdiction, including crimes of sexual violence. This is significant given the challenges faced in obtaining evidence in respect of sexual and gender-based crimes, and the physical and psychological impact on the victims. In cases of sexual violence, according to Rule 70 consent cannot be inferred where the victim was under coercion, incapable of giving genuine consent, or by reason of silence or lack of resistance. Finally, under Rule 71 evidence of the prior or subsequent sexual conduct of a victim or witness is generally inadmissible in order to prevent attempts to undermine or discredit victims of sexual violence.