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Lawyers Before the
ICC
Private legal counsel will represent all parties appearing
before the Court other than the Prosecutor. Counsel will represent:
The accused:
Private counsel will represent suspects under investigation and
accused persons on trial. Because it is anticipated that most accused
will be indigent, it is probable that defense counsel will normally
be retained, and compensated, through the Court’s legal assistance
system. The rights to counsel of the accused’s choice, and
to have counsel assigned at no cost to persons who are without sufficient
means to pay, are set out in Articles 55(2)(c) and 67(1)(d) of the
Rome Statute, and Rule 21 of the Rules of Procedure and Evidence.
Victims:
The ICC will offer access for victims in a manner unprecedented
in the practice of other international criminal tribunals. Victims
of crimes before the ICC will be able to participate in the proceedings,
through legal representatives, where their interests are affected
(Article 68.3 of the Rome Statute and Rules 89091 of the Rules of
Procedure and Evidence). Victims will also be able to apply to the
Court for awards of reparation under Article 75 of the Rome Statute.
Victims’ interests might relate, for example, to the amount
of information that may be put into the official record, the focus
of questioning, or the desirability of calling or not calling particular
witnesses; victims may also have distinct perspectives on issues
affecting the amount or the allocation of reparations paid to victims.
In these and other matters, there will be a large role for legal
representation of victims. Where there are a number of victims wishing
to participate, they will be encouraged to choose a common legal
representative or representatives, taking into account any distinct
interests between victims. Rule 90(5) of the Rules of Procedure
and Evidence provides that “[a] victim or group of victims
who lack the necessary means to pay for a common legal representative
chosen by the Court may receive assistance from the Registry, including,
as appropriate, financial assistance.”
States:
Private counsel may also be called upon to represent States, for
example in “complementarity” hearings in which States
will seek to persuade the Court to dismiss certain proceedings on
the grounds that their national courts are willing and able genuinely
to handle the matter, or on other grounds to challenge the jurisdiction
of the Court or the admissibility of a case.
Friends of the Court, or amici curiae
The Court may invite or allow a state, organization or individual
not directly involved in the proceedings to submit observations
on any issue, either in writing or orally (Rule 103, Rules of Procedure
and Evidence). An amicus curiae with a special interest and/or expertise
will also need their own legal representation.
LCHR believes that a strong and independent private
bar of lawyers practicing in the Court is a prerequisite for the
ICC to be able to function with absolute fairness and credibility.
To play their role properly, legal counsel will have to function
consistently at the highest level of professionalism and ethics.
For these reasons, LCHR is playing an active role in promoting the
establishment of an International
Criminal Bar and the development of an ethics
code for counsel before the ICC.
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