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Legal Representation
The Rome Statute provides for the rights of the accused and of the victims, but not for the organization of the legal representation. To fill the void, independent offices in charge of organizing legal representation for both defendants and victims were created. This is a new step in international criminal justice systems. The idea for such offices is one which arose in large part because of the interventions of NGO members of the CICC. The International Criminal Defence Attorneys Association and other Coalition members were concerned that the Statute did not provide sufficiently for the needs of the defense, and that this potential imbalance would prove to be a problem, as they perceive it to have been with the ad hoc tribunals. The Office of Public Counsel for the Defence was created in order to reinforce the equality of arms and to enable a fair trial within the meaning of the Rome Statute.

Adequate legal representation for victims is also necessary for the victims to exercise their right to participate in the proceedings, as provided for by the Rome Statute. The Office of Public Counsel for Victims seeks to ensure effective participation of victims in the proceedings before the Court.

NGOs have also been involved in consultations on the draft Regulations of the Registry and had the opportunity to share their concerns and provide input on the Regulations, including those related to legal representation for both victims and witnesses. Moreover, the ICC has organized seminars on counsel issues, with CICC members providing their expertise as to how the legal representation systems should work within the ICC.

Coalition members were extremely active in working towards the adoption of the Code of Professional Code for Counsel.

Finally, NGOs have also been actively engaged in providing trainings to members of the legal profession, particularly in situation countries. These trainings have focused on the ICC and its functioning. They are also often aimed at helping lawyers understand the rights of defendants and victims within the ICC proceedings, so as to enable them to get involved in the ICC process.

Lawyers who wish to practice before the Court, whether as duty counsel, ad hoc counsel, defence counsel or as legal representative of victims, must meet the criteria of admission to the List of Counsel created and maintained by the Registrar in accordance with Rule 21(2) of the Rules of Procedure and Evidence.

For more information on this issue and the NGO Team on Legal Representation, please contact Alix Vuillemin Grendel at [email protected].
Audio Visual Resources
Author Title Date
International Justice Project
19533|19534 28 Nov 2012
IBA
14326|14327 27 May 2011
Factsheets
NGO Letters, Papers, Reports, and Statements
Author Date and Title
CICC Advocacy Teams
12 Nov 2013
Comments and Recommendations of Coalition Teams to the Twelfth Session of The Assembly of States Parties
IBA
28 Nov 2012
IBA applauds legal profession’s contribution to ICC’s success and urges lawyers to do even more to support the Court
CICC Legal Representation Team
09 Nov 2012
COMMENTS AND RECOMMENDATIONS ON LEGAL REPRESENTATION TO THE ELEVENTH SESSION OF THE ASSEMBLY OF STATES PARTIES
IBA
Nov 2012
Counsel Matters at the International Criminal Court: A Review of Key Developments Impacting Lawyers Practising before the ICC
CICC Legal Representation Team
20 Sept 2012
Recommendations and Comments to CBF 19th Session - Comments on the ‘Supplementary Report of the Registry on four aspects of the Court’s legal aid system’
FIDH
20 Sept 2012
FIDH Comments on the Proposed Changes to Legal Aid
CICC Legal Representation Team
05 July 2012
Recommendations and Comments on Amendment Options Concerning the Legal Aid Consultation 2012
NGO Media Statements
Author Date and Title
International Criminal Bar
20 Feb 2012
ICB Press Release – ‘International Criminal Court puts fair trials at risk through drastic legal aid cuts’
ICB
26 Feb 2007
INTERNATIONAL CRIMINAL BAR CONGRATULATES NEW MEMBERS OF INTERNATIONAL CRIMINAL COURT’S LEGAL AID COMMISSION
Quotes and Statements
Author Date and Title
David Hooper Q.C.
08 Feb 2012
Response to the Discussion paper ‘Review of the ICC Legal Aid System’
Legal Representatives in the Kenya cases (M. Anyah & S. Chana)
13 Sept 2012
Legal Aid Consultation 2012 - Addendum to the Comments by the Legal Representatives in the Kenya cases
Interested ICC Counsel and Stakeholders
19 Feb 2012
Déclaration Aide Juridictionnelle 19-02-12
Interested ICC Counsel and Stakeholders
19 Feb 2012
Statement – Legal Aid
ICC Defense Teams
31 Jan 2012
Common response from MM. Lubanga, Bemba, Mbarushimana, Ngudjolo and Banda & Jerbo Defence Teams
ICB
07 Feb 2012
Answer of the International Criminal Bar on the discussion paper on legal aid of the Registrar
Legal Representatives of Victims
31 Jan 2012
Comments of Legal Representatives of Victims to the Registry’s Discussion Paper on the Review of the ICC Legal Aid System