Functional Immunity for Defence Counsel and Defence Staff

S. Sali and G. Zyberi, ‘Functional Immunity for Defence Counsel and Defence Staff’, in C. Rohan and G. Zyberi (eds.), Defence Perspectives on International Criminal Justice (Cambridge University Press, April 2017), pp. 173-203.

30 Pages Posted: 31 May 2017  

Semir Sali

Independent

Gentian Zyberi

University of Oslo - Norwegian Centre for Human Rights

Date Written: April 1, 2017

Abstract

This chapter focuses on the issue of immunity for Defence counsel and their staff from criminal proceedings before domestic courts for activities related to representing an individual in international proceedings before an international criminal court or tribunal (ICs). First we briefly introduce the concept of functional immunity in international law and its applicability to Defence counsel and staff. Subsequently, we analyse the relevant legal provisions in the Statutes and the case law of various ICs outlining the scope of this immunity. Finally, we assess whether Defence counsel and their teams enjoy the required protection against criminal prosecution before domestic courts so as to enable them to properly discharge their duties, or whether more clarity and additional substantive and procedural protections are necessary in order to ensure the fair administration of international criminal justice.

Keywords: defense counsel, functional immunity, international criminal proceedings, international courts

JEL Classification: international criminal law, international criminal courts, defense counsel

Suggested Citation

Sali, Semir and Zyberi, Gentian, Functional Immunity for Defence Counsel and Defence Staff (April 1, 2017). S. Sali and G. Zyberi, ‘Functional Immunity for Defence Counsel and Defence Staff’, in C. Rohan and G. Zyberi (eds.), Defence Perspectives on International Criminal Justice (Cambridge University Press, April 2017), pp. 173-203.. Available at SSRN: https://ssrn.com/abstract=2977304

Semir Sali

Independent

No Address Available

Gentian Zyberi (Contact Author)

University of Oslo - Norwegian Centre for Human Rights ( email )

P.O box 6706 St. Olavs plass
Oslo, 0130
Norway

HOME PAGE: http://www.jus.uio.no/smr/english/people/aca/gentianz/index.html

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