The Hague, 28 May 2025–Women’s Initiatives for Gender Justice (WIGJ) and the International Federation for Human Rights (FIDH) jointly released an explainer titled “Investigation of Allegations of Misconduct by the ICC Prosecutor: Bridging the Gaps in the Court’s Regulatory Framework”, responding to serious concerns surrounding the investigative process of misconduct and ethics violations by elected officials of the International Criminal Court (ICC), especially the Prosecutor.

The explainer offers an in-depth examination of legal and procedural shortcomings within the ICC’s accountability processes and proposes concrete recommendations to enhance fairness, transparency, and institutional credibility.

It calls on the Assembly of States Parties (ASP) to address inconsistencies across 22 relevant legal texts, codes of conduct, and administrative policies.

Recommendations

• Establishment of a Complete Accountability Framework: Recommends addressing critical procedural gaps in how the allegations are handled, namely the absence of a procedure to legally determine if/what disciplinary action applies as a result of the factual findings of the OIOS report.
• Pre-Report Safeguards: Advocates for procedural fairness before public release of investigation reports to protect the rights of both the elected official and the complainant, but also institutional integrity.
• Cultural and Structural Reforms: Addresses broader issues like toxic workplace environments, “culture of fear,” and bullying that may enable misconduct.
• Clarification of Roles and Responsibilities: Provides detailed guidance for the ASP Bureau, including legal assessments, interim arrangements, and criteria for disciplinary measures or removal from office under Articles 46 and 47 of the Statute.
• Protection for Whistleblowers: Emphasizes safeguards for complainants and whistleblowers, ensuring they are not subjected to retaliation and receive appropriate support.

As attention remains focused on the ICC’s capacity to uphold justice, this explainer serves as a call to action for States Parties, judicial bodies, and civil society to align internal processes with international legal norms and human rights principles. Ensuring that allegations of misconduct are addressed with transparency and integrity is essential to maintaining trust in the Court.

📄 Read the full explainer here.

For questions or media inquiries, please contact eimear.shine@4genderjustice.org.