The Court shall take reasonable and proportionate measures to protect victims, witnesses, accused persons, judges, prosecutors, investigators, Court Enforcement Officers, Court staff, and other participants from intimidation, retaliation, harassment, threats, violence, or other harm arising from their participation in proceedings.
Protection measures may be applied before, during, and after proceedings where the Court considers them necessary.
The Court may establish or arrange: a. secure locations for witnesses and victims; b. protected communication channels; c. security escorts; d. relocation or temporary accommodation; e. identity protection or restricted disclosure of identifying information; f. remote or video-link testimony; g. protective measures for children and vulnerable persons; h. measures preventing direct contact between a witness and an accused person where necessary; i. psychological, social, legal, or other appropriate support; and j. any other lawful measure reasonably necessary for safety and participation.
The Court may permit a victim or witness to give evidence by secure video link where physical attendance would create a significant risk to their safety, wellbeing, or ability to give evidence.
The Court may permit a victim or witness to give evidence from a secure police facility, Court facility, other authorised location, or private residence where appropriate safeguards are in place.
Where a child or vulnerable person is involved, the Court shall take additional measures appropriate to their age, circumstances, safety, and wellbeing.
A person's participation in a public proceeding shall not automatically require the public disclosure of their private address, contact information, medical information, financial information, or other sensitive personal information.
The Court may restrict publication or broadcasting of identifying information where disclosure could create a substantial risk of harm to a victim, witness, child, vulnerable person, or other protected participant.
Any restriction on public access or broadcasting shall be limited to what is reasonably necessary to protect the person concerned and shall not be used to conceal wrongdoing or prevent legitimate public scrutiny of the Court.
Where appropriate, the Court may allow a witness to give evidence using measures that protect their identity from the general public while permitting the accused and their legal representatives to exercise their rights to challenge the evidence, subject to lawful protective procedures.
Victims shall have the right, where appropriate, to present their views and concerns to the Court concerning matters that directly affect their interests.
Victims and witnesses shall not be required to pay fees solely for the purpose of giving evidence or participating in proceedings.
The Court shall establish procedures for reporting threats, intimidation, retaliation, harassment, or interference with victims and witnesses.
Threatening, bribing, intimidating, harassing, injuring, abducting, or otherwise interfering with a victim or witness because of their participation in proceedings may constitute a separate offence or serious misconduct under this Treaty.
The Court may issue protective orders against persons suspected of threatening or interfering with victims, witnesses, or other participants.
Court Enforcement Officers and cooperating State authorities may be requested to assist in implementing lawful protection orders.
The Court shall seek, where reasonably possible, to ensure that victims and witnesses are treated with dignity, respect, and sensitivity throughout proceedings.
Protection measures shall not be used to prevent legitimate questioning or testing of evidence necessary for a fair trial.
The Court shall balance the protection of participants with the rights of the accused, the principle of open justice, and the public's legitimate interest in the proceedings.
Protection measures may continue after a trial, appeal, or other proceeding where the Court determines that a continuing risk exists.
The Court may establish agreements with States Parties, international organisations, humanitarian organisations, or other competent bodies concerning witness protection, relocation, medical or social support, and other protective services.
The Court shall establish procedures for protecting persons who provide information to the Court in good faith, including whistleblowers and persons assisting investigations.
No person shall be punished or disadvantaged for providing truthful evidence or information to the Court in good faith.
The Rules of the Court shall establish detailed procedures concerning victim participation, witness protection, anonymity, remote testimony, child witnesses, vulnerable persons, protective orders, confidentiality, and post-trial protection.