New PDF release: Counsel Misconduct before the International Criminal Court:

By Till Gut

ISBN-10: 1849463174

ISBN-13: 9781849463171

This can be the 1st complete learn of the legislation governing expert misconduct by way of safeguard attorneys sooner than the overseas felony court docket (ICC). The ICC's regulatory regime used to be brought in line with cases of misconduct skilled by way of different foreign and household legal courts. The booklet first turns to how the ICC's forerunners - the overseas felony Tribunals for the previous Yugoslavia and Rwanda, and the specific court docket for Sierra Leone - coped with misconduct, usually leading to controversy. It additionally seems to be on the ways that have developed in Germany and the us, reflecting the several position of safety attorneys within the civil and customary legislation felony justice traditions. It deals a distinct perception into the pro obligations of security legal professionals in the a variety of foreign and nationwide regimes. supplying functional tips on disciplinary structures and different sanctioning mechanisms, the booklet additionally explores the inherent rigidity on the middle of the security lawyer's function: making sure the human correct to a good trial and hence expecting that they're going to be zealous advocates for his or her consumers, whereas, while, looking forward to that they devote themselves as officials of the court docket. (Series: reports in foreign and Comparative legal legislations - Vol. eleven)

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Extra info for Counsel Misconduct before the International Criminal Court: Professional Responsibility in International Criminal Defence

Sample text

The Trial Chamber in Prosecutor v Furundžija 42 held in an early decision that Chambers did not have disciplining power over counsel for the prosecution, who had repeatedly failed to comply with orders. It therefore left it at expressing its ‘dismay at the conduct of the Prosecution’ and referring a complaint to the Prosecutor to deal with the matter. 46 In comparison with the number of the reported instances of misconduct through the other avenues, the number of actually pending cases seems rather small.

126 It is conceded that the listed practice is not exhaustive. It should suffice to illustrate, however, that there has been misconduct of various kinds. Furthermore, it is discernible that both Chambers as well as the Registrar have made use of their authority. 131 Gabrielle Kirk McDonald (The Hague, Kluwer, 2001), 509–29; Prosecutor v Milan Martic´, IT-95-11-PT, Trial Chamber, Decision on Appeal Against Decision of Registry, 2 August 2002, at 6–7, and below at 43. See also Tuinstra (n 1) 32–33 for an overview of the ICTY’s list counsel system and Tuinstra, ibid, 49–52 and 78–82 on the Registrar’s powers to address counsel incompetence and general oversight powers.

81 Prosecutor v Zlatko Aleksovski, IT-95-14/1-AR77, Appeals Chamber, Judgment on Appeal by Anto Nobilo Against Finding of Contempt, 30 May 2001. 82 See Rule 77(A)(iii) RPE (disclosing information in violation of order). 83 Prosecutor v Zlatko Aleksovski, IT-95-14/1-T, Trial Chamber, Finding of Contempt (n 80) 3. 84 Prosecutor v Zlatko Aleksovski, IT-95-14/1-AR77, Appeals Chamber, Judgement (n 81) para 51. 20 Misconduct before the ICTY 53. [i]n the light of these conclusions, it is strictly unnecessary for the Appeals Chamber to determine whether it is necessary for the prosecution also to establish an intention to violate or disregard the order which was violated, but the issue is an important one for future prosecutions for contempt and the matter has been fully argued.

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Counsel Misconduct before the International Criminal Court: Professional Responsibility in International Criminal Defence by Till Gut


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