Independent Bars in International Criminal Courts and Tribunals
Defence Rights: International and European Developments, pp. 21-28, G. Vermeulen, ed., Maklu, 2012
10 Pages Posted: 13 Oct 2012
Date Written: October 10, 2012
The legal systems of almost all democracies have independent Bars. The legal systems of the International Criminal Court (ICC), other international criminal courts and tribunals and non-criminal international adjudicatory bodies generally do not.
The ICC and other international criminal courts and tribunals need Bars for the same reasons that they are needed in national tribunals -- protection of the independence of legal representatives of clients and promotion of ethical and competent legal practice.
Additionally, they are needed in international criminal adjudicative bodies to help address the "democratic deficit" in the law-making and rule-making processes of these organizations. The can help insure that there is some voice for the specific interests of individual rights (both substantive and procedural). In these international bodies, as in Civil Law systems, the Prosecutors are a separate group from Counsel, who only represent the Defence and Victims.
Finally, this paper presents a method, consistent with the Rome Statute of the ICC, for creating a Bar within the ICC's legal structure.
Keywords: Bar, Legal Profession, International Criminal Courts, International Organization, Bars and International Criminal Courts, Legal Profession in International Criminal Courts
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