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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
AI
09 Apr 2014
Fair Trial Manual, 2nd Edition
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
CICC Legal Representation Team
09 Mar 2012
Submission and Recommendations on the ‘‘Proposal for a review of the legal aid system of the Court in accordance with resolution ICC-ASP/10/Res.4 of 21 December 2011”
International Criminal Bar
20 Feb 2012
ICB Letter to the President of the ASP – 20 Feb 2012
La Coalition Française pour la Cour Pénale Internationale
14 Feb 2012
Projet de révision du système d’aide judiciaire de la CPI
Kenyans for Peace Truth and Justice
10 Feb 2012
Response To The Proposal By The Registry To Reduce The Legal Aid Budget As It Relates To The Victims Participation And Representation
CICC Legal Rep Team
31 Jan 2012
Comments and Recommendations on the ‘Discussion paper on the Review of the ICC Legal Aid System'
Équipe de la CCPI sur la représentation légale
31 Jan 2012
Commentaires et recommandations sur le « Document de discussion sur l’examen du système d’aide judiciaire de la CPI »
VRWG
02 Dec 2011
Issues and Concerns presented to the tenth ASP
ICB
25 Nov 2011
ASP 10: Position Paper of the International Criminal Bar
Victims’ Rights Working Group
17 Aug 2011
Letter to the Registrar on Common Legal Representation
International Bar Association
Aug 2011
Fairness at the International Criminal Court
ICLS
Jan 2010
Suggestions for lessons-learned studies to strengthen the ICC
CICC Legal Representation Team
24 July 2009
Comments on the Court's Draft Legal Aid Report
FIDH
20 May 2008
OBSERVATIONS DE LA FIDH SUR LA NOTE « Supporting Family Visits for Indigent Detained Persons »
FIDH
23 Apr 2007
Victims’ Rights Before the International Criminal Court : A Guide for Victims, their Legal Representatives and NGOs
ICB
23 Apr 2007
Press Release: Statement of Concern regarding Counsel for Thomas Lubanga Dyilo
ASF Belgium
20 Apr 2007
Observations on the draft proposal regarding the adjustment of the legal aid system
ASF France
20 Apr 2007
Actuality of the legal aid program for the defence in the first case in front of the International Criminal Court
CICC Legal Representation Team
18 Apr 2007
Comments on the Proposed Adjustments to the Legal Aid System
ICB
01 Mar 2007
International Criminal Bar Consultation Paper on the Icc Registrar's "Proposed Adjustment To The Legal Aid System"
The Legal Representation Team of the CICC
29 Nov 2006
Recommendations to the Fifth Session of the Assembly of States Parties
CICC Legal Representation Team
Nov 2005
Comments on Organization and Resources of Legal Representation for Victims and Defendants at the ICC
REDRESS
May 2005
The Effective Participation of Victims Before the International Criminal Court- Comments and Recommendations Regarding Legal Representation for Victims
FIDH and REDRESS
Apr 2005
Comments on the Draft Code of Professional Conduct for Counsel Before the International Criminal Court
HRF
Nov 2004
Ensuring Ethical Representation- Comments on the draft Code of Professional for counsel before the International Criminal Court
VRWG
01 Sept 2002
Comments for the Steering Committee Regarding the Draft Constitution of the International Criminal Bar
AsF-World
Sept 2002
The International Criminal Bar and the representation of victims before the International Criminal Court.
National Association of Criminal Defense Lawyers
23 Feb 2002
Resolution on the formation of the International Criminal Court and efforts to create an international defense bar
AI
July 1999
Paper updating an earlier memorandum on the need for trial, appeal and review rules to be consistent with international law and standards
American Bar Association (ABA)
June 1999
American Bar Association Draft Rules of Procedure and Evidence of the International Criminal Court: Parts 7 (Evidence) and 10 (Offences Against the Administration of Justice)
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