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International Criminal Court judges are taking a “thoughtful” approach to considering the impact of mental health issues on witnesses and the accused, a new analysis shows.
The study details how the issue of mental health in international criminal law and justice has finally gained momentum as the possible trauma of victims and witnesses who testify is being given more attention.
It also shows how judges have been strict in their consideration of mental health, both in their admissions of testimonies of traumatized witnesses and in their assessments of the mental capacity of the accused.
The research states all those involved in the investigation and prosecution of atrocities should ensure they are familiar with languages, beliefs, and cultures of the offenders, the witnesses, and the victims if the International Criminal Court is to achieve its global mandate.
As part of the study, published in the “Routledge Handbook of Mental Health Law,” Professor Caroline Fournet, from the University of Exeter Law School, examined the ICC trial judgments and appeal judgments in their totality.
Professor Fournet said, “The increasing judicial recognition of– and focus on– the mental health consequences of criminal acts of sexual violence on victims is clearly to be welcomed, encouraged, and reinforced as a first step towards a more general acknowledgment of the mental impact on victims of all international criminal offenses and atrocities. Judges have taken a careful attitude so far.”
“But those involved in cases should be familiar with languages, beliefs, and cultures of the offenders, the witnesses, and the victims if investigations and trials are to be conducted fairly and effectively.”
Mental health clearly appears in the definitions of specific international criminal activities as well as in specific guidelines designed to protect victims– especially, although not exclusively, victims of sexual violence– and to facilitate the testimonies of distressed witnesses.
The mental health of the accused is also considered, both at the time of the trial since he or she must be fit to stand trial, and at the time of the commission of the offenses.
The birth of modern international criminal law can be traced back to the aftermath of the Second World War and the establishment of the International Military Tribunal in Nuremberg (1945) and of the International Military Tribunal for the Far East in Tokyo (1946 ). In the 1990s, the International Criminal Tribunal for the former Yugoslavia and of the International Criminal Tribunal for Rwanda were created to prosecute the individuals responsible for international crimes. The Statute of the International Criminal Court (ICC) entered into force in 2002.
Mental health damage–the mental impact of atrocities–is recognized in the text of the law and significantly acknowledged by the court. Professor Fournet found when approaching mental health issues judges do not vary the text of the law but seem to be exercising a degree of caution.
Expert testimonies relating to the impact on the mental health of the victims of criminal acts of sexual violence have been heard in court and are cited in judgments.
