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.

Human Rights First 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, Human Rights First 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.