Terms of Reference – Study on the Security and Safety Services of the Registry of the ICC.

1. Background

The International Criminal Court (ICC) is a permanent international court established to investigate, prosecute and try individuals accused of committing crimes in the scope of the ICC’s juridiction. The ICC is composed of four organs. These are the Presidency, the Chambers, the Office of the Prosecutor and the Registry. The ICC Headquarters are based in The Hague, The Netherlands. The ICC has one Liaison Office in New York and maintains full-time physical presences in six situation countries, namely, Uganda, Democratic Republic of Congo, Central African Republic, Côte d’Ivoire, Mali, Ukraine. In total, the ICC has activities in relation to 17 countries globally. The ICC has circa 1,200 staff.[1]

The Registry is the organ responsible for the non-judicial aspects of the administration and serving of the ICC. It is divided into the Office of the Registrar and three divisions: the Division of Management Services (DMS), the Division of Judicial Services (DJS) and the Division of External Operations (DEO). The DMS provides administrative and management services to support the operation of the ICC as a whole and is led by the Director. It consists of the Office of the Director (OD-DMS), the Human Resources Section, the Budget Section, the Finance Section, the General Services Section and the Security and Safety Section (SSS).

The SSS is headed by its Chief and consists of three Units: the Security Policy and Compliance Unit, the Building and Court Security Unit and the Field Security Unit,   which was embedded in the External Operations and Support Section of the DEO until the end of year 2023. The SSS provides a safe and secure working environment at Headquarters through uninterrupted, round-the-clock security and safety services, including for the safe and undisturbed conduct of Court hearings. The Section provides security to all persons to whom the Court owes a duty of care to ensure their safety and security and ensures the security of the Court’s tangible and intangible assets. It is also responsible for safety and security policy development, both for the country offices and Headquarters, and liaises with the host State on security-related matters. The more detailed description of the roles and responsibilities of the Section is annexed to this document. Currently the SSS’ approved budget includes approximately 98 personnel.

In relation to the reintegration of Field Security in the SSS, in May 2023, a Registry Workshop on External Operations was held to take stock of the strategic implementation of Registry’s responsibilities in the countries where the ICC operates and engage in an open discussion on the challenges and opportunities to further enhance the delivery of Registry’s functions in the field. One of the outcomes from the workshop is to reallocate resources for some functions, including security, from field offices to the headquarters. This shift in resources implies the need for adjusting the reporting lines, i.e., the SSS being responsible for supervision of security staff in the field and the development and implementation of related strategies and work plans.

At the end of 2023 the Registry decided to engage specialized consultancy services on security issues, including assessment, advice and implementation of physical measures against new and emerging threats; and studying and identifying potential opportunities for improvement related to the security and safety services of the Registry in the light of new and emerging threats. New or emerging threats and unforeseen situations related to security risk management, security services and development of response capability.

This specialized consultancy services would also include an assessment of physical security services, a fit-for-purpose assessment, an evaluation of the ICC physical security measures, services and procedures, in headquarters and in country offices.

The consultant may be either an individual or an organization.

2. External stakeholders

In 2007 the Court entered into the Headquarters Agreement with the host State, which includes relevant provisions on security and safety (https://www.icc-cpi.int/sites/default/files/NR/rdonlyres/99A82721-ED93-4088-B84D-7B8ADA4DD062/280775/ICCBD040108ENG1.pdf). Furthermore, the Court signed a Memorandum of Understanding with the United Nations Department for Safety and Security.

3. Scope of Assignment

1. The consultant shall undertake a study of the current security and safety practices at the Court in order to identify potential gaps and opportunities for improvement related to the security and safety services of the Registry provided through the work of the SSS.
2. The consultant shall propose ways to further streamline and reinforce current governance, key processes, policies and functional structure and address any gaps identified; as well as propose recommendations and a detailed way forward on how to address existing gaps.
3. In this regard, the consultant shall take the following areas into consideration:

Governance

1. Analyze the current governance structure, identify key decision-making bodies, evaluate roles and responsibilities, and assess the accountability mechanisms in order to propose an efficient solutions.

Processes, policies and functional structure

1. Map and assess the processes and workflows which the SSS is currently performing for the entire Court against established benchmarks and practices. This should include an assessment of security documentation practices, review incident reporting and documentation as well as identification of documentation gaps;
2. Review and assess the existing policies and identify potential gaps or ambiguities, if any, taking into consideration the operational requirements of the ICC, the mandate of the Registry and of DMS/SSS, as well as assess any potential alignment with industry standards and best practices;
3. Review the current structure, functions and security services provided by SSS and identify potential gaps, if any, taking into consideration the operational requirements of the ICC, the mandate of the Registry and of DMS/SSS. This should include an analysis of the current delivery model used in the HQ and country offices to identify the most suitable to support HQ and non-HQ operations. The suitability of the delivery model should include a qualitative and quantitative analysis of the current working methods taking into consideration various aspects, such as the necessary staff profiles and  staff work-life balance;
4. Review the status of fit for purpose of the current security services of SSS and provide advice concerning all security aspects of such services in the light of the desired status and emerging threats, both at the HQ or in the field (both in presence or not of an ICC country office).

Risk management and compliance

1. Identify potential security risks, assess alignment with the ICC Risk Management framework, evaluate risk mitigation strategies, analyse incident response plans, and make relevant recommendations. This should include analysis of security risk tolerance to determine if the current model is suitable to manage any discrepancy in the security risk tolerance that exists among the organs of the Court;
2. Review legal and regulatory compliance, assess adherence to industry standards, identify compliance gaps, if any, and make proposals for ensuring continuous compliance

Communication and training

1. Analyse current communication and awareness protocols, evaluate incident reporting mechanisms, assess internal and external communication strategies, identify potential communication weaknesses and propose strengthening communication protocols as needed;
2. Examine existing security training programs, evaluate employee awareness initiatives, identify training gaps, recommend strengthening training and awareness efforts as needed;
3. Analyze key security performance indicators, evaluate metrics tracking mechanisms, identify performance measurement gaps and recommend any needed enhancements.

4. Various stakeholders across the ICC need to be engaged in the review to understand their operational needs, including internal clients such as the Judiciary and the Office of the Prosecutor;

5. When conducting the review,  the consultant shall take into consideration the UNSMS policies and practices of the United Nations as guiding principles. At the same time, the consultant shall also take into consideration the practices of other organizations which are comparable with the ICC. The ICC is not a part of the United Nations but it maintains a cooperative relationship with the UN. This includes the agreement with the United Nations Department of Safety and Security (UNDSS) that enables the ICC to benefit from the UN security information platform for security clearances and to access to other tools such as trainings. Furthermore, the consultants should take into consideration the relationship with and obligations of the host State towards the ICC.

6. The consultant shall discuss the findings of the mapping and assessment exercise with the Director DMS and the Chief of the SSS and provide support in developing action plans. Furthermore, the consultant shall prepare, submit and present a report with the results of the review including the proposed recommendations and action plans.

4. Deliverables

Within the time frame specified and subject to any amendments made hereto by the ICC with agreement from the consultant, the consultant shall submit the following to the Director DMS for discussion:

1. A project plan including timelines and expected milestones, to be submitted within two weeks from the date of project kick-off;
2. A report as outlined above.

5. Reporting Line

The consultant shall report to the Director of DMS. The consultant will work in close cooperation with the Office of the Director of DMS, the Chief of the SSS and other relevant stakeholders identified.

6. Expected Duration of Assignment

The task is expected to commence from the date of signing the contract and to have a duration of three months. The consultant may be required to participate in meetings with the ICC officials after that time.

7. Place of Work

The consultant shall  propose the most efficient approach to this consultancy, knowing that being physically present at the ICC’s premises to perform certain tasks is necessary. The consultant may work in his or her own domicile with use of technology (for example video-conferencing) where necessary. Business trips to The Hague, or other duty stations shall be subject to approval by the Director of DMS. 

8. Documents to be submitted

The interested consultant is requested to provide the following as part of the offer:

1. Brief proposals with the work plan/methodology to execute this project (maximum 2 pages);
2. CVs of the consultants, including degrees, qualifications, languages, and recent relevant experience providing similar services to UN agencies or other public sector organizations; and
3. Pro Bono or Professional fee (not including travel costs and daily subsistence allowances which will be based according to the rates established at the ICC) including frequency of payment for the full range of services required, broken down into all major cost components associated with the service.

1. Selection criteria

The selection criteria are based on best value to the ICC that contains:

1. Response to the present document

1. The extent to which the offers show an understanding of the needs of the ICC as described in the present document.
2. Work plan/Methodology to be adopted for the execution of this project.

2. Profile

3. Qualification of the consultant (degrees, qualifications, proficiency in English and/or French)
4. Recent relevant experience of consultant(s) providing similar services to UN agencies or other public sector organizations.

3. Others

5. Transparency of information provided (methodology and price breakdown) and compliance with requirements.
6. Responsiveness in communication during the selection process and flexibility of offerer’s service.
7. Quote.

10. Payment Terms

The Pro Bono services are preferred. Pre-approved travel costs and daily subsistence allowances will be based according to the rates established at the ICC.

For Fees based services, the total price shall be in a fixed lump-sum amount, and milestone payments corresponding to outputs shall be indicated in the proposal. Payments under the contract will be output-based and will be made upon satisfactory completion of each milestone and finally upon the satisfactory completion of the assignment.

The ICC general terms and conditions for consultants or procurement of services will be applied, based on the selected contract modality.

Annex. Roles and responsibilities of the Security and Services Section

Chart

Roles and responsibilities

The Security Services Section (SSS) is headed by its Chief and consists of three Units: the Security Policy and Compliance Unit,  the Building and Court Security Unit and Field Security Unit.   which was embedded in the External Operations and Support Section of the DEO until the end of year 2023. The Chief of SSS is the Court’s principle provider of security advice and focal point for any national security authorities and the United Nations Security Management System.

SSS is responsible for a safe and secure working environment at Headquarters and in Country Offices. The Section protects all persons to whom the Court owes a duty of care, as well as the tangible and intangible assets of the Court. At Headquarters, the SSS provides uninterrupted round-the-clock service to the entire Court. It also provides the necessary security and safety services for the safe and undisturbed conduct of Court hearings, including the handling of detainees and maintenance of public order. The Section is involved in security and safety coordination for activities outside Headquarters and it provides close protection services. SSS liaises with the host State and other international organizations on security and safety issues.

The Security Policy and Compliance Unit is responsible for all activities relating to security compliance, training, policies, fire and safety guidelines and activities, vetting of the Court’s personnel and contractors, Pass and ID and other logistics support relating to the Unit’s responsibilities.

The Building and Court Security Unit focuses on operational issues within the Section concerning its day-to-day management, including security analysis for non-field-oriented operations and review of issues such as security, evacuation, general safety and contingency. Within the Building and Court Security Unit, the Building Security Team ensures the physical security of the Court’s premises and access to the premises whereas the Court Security Team ensures the physical security of the parties and participants in the proceedings, inside and in the vicinity of courtroom. The Unit also ensures response to safety, fire and medical incidents as well as execution of the emergency plan, including evacuation.

The Field Security Unit (FSU) is responsible for the coordination of all security and safety related activities outside the ICC Headquarters building and location, i.e. outside of the Netherlands. The head of the FSU provides direction and guidance to all ICC Field security personnel in the different Country Offices and for all deployments. He also monitors the performance of the field security personnel and compliance with security and safety policies and standards. In addition, the FSU coordinates all personal protection measures and missions for the ICC Senior Officials and any accused transportation activities.