Defence Counsel Ethics, the icc Code of Conduct and Establishing a Bar Association for icc List Counsel

In: International Criminal Law Review
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  • 1 1Defence Counsel, The Hague, The Netherlands, michaelgkarnavas@gmail.com

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Defence counsel are ethically bound to zealously represent their clients. So what exactly does it mean to ‘zealously represent’ a client before any of the international criminal courts or tribunals? How unproblematic is it for defence counsel to meet their ethical duties? Would an International Criminal Court (icc) Bar or professional association for icc List Counsel and their assistants be of any significance to that end? This contribution concludes that the only way forward out of the prevailing and persistent morass List Counsel currently find themselves in at the icc, is through the establishment of a Bar Association for List Counsel and their assistants.

  • 6

    H. Morrison, ‘Experimental Justice: Do International Tribunals Work?’, 36 Bedford Row, London; Recorder of the Crown Court, online at www.old.leginet.eu/articles_en.php?PHPSESSI=4c5jiep1tgt5b97ohc6rg6bbl5, accessed 20 September 2016.

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  • 61

    Freedman, ‘Professional Responsibility’, supra note 52, n. 1.

  • 62

    Freedman, ‘Getting Honest’, supra note 52, p. 137.

  • 63

    Freedman, ‘Professional Responsibility’, supra note 53, p. 1469.

  • 81

    Freedman, ‘Henry Lord Brougham’, supra note 80, p. 1215.

  • 82

    D. Hoffman, ‘Fifty Resolutions in Regard to Professional Deportment’, in A Course of Legal Study, Addressed to Students and the Profession Generally, Vol. ii (William S. Hein & Co., Baltimore, 1836), Resolution 33, as cited in Zacharias and Green, supra note 78, p. 3.

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  • 83

    Zacharias and Green, supra note 78 pp. 2–3.

  • 86

    Zacharias and Green, supra note 78, p. 3.

  • 91

    Zacharias and Green, supra note 78, p. 6.

  • 95

    Tuinstra, supra note 2, p. 5.

  • 103

    Tuinstra, supra note 2, p. 147.

  • 106

    Turner, supra note 13, p. 685.

  • 126

    Turner, supra note 13, p. 688, explaining that international courts serve goals beyond that of determining guilt or innocence according to fair procedures and, therefore, it is sensible to adjust ethical guidance accordingly.

  • 129

    Turner, supra note 13, p. 713.

  • 131

    Turner, supra note 13, p. 697.

  • 135

    Tuinstra, supra note 2, p. 200: “Generally, the concept of being an officer of the court is difficult to understand for lawyers from civil law systems. They consider this to impinge on their independence”, referring to Nagorcka et al., supra note 53, p. 449. She does note that this term has been used in cases from the European Court of Human Rights, citing Nikula v. Finland, App. No. 31611/96, 21 March 2002, para. 45; Steur v. The Netherlands, App. No. 39657/98, 28 October 2003, paras. 36, 38.

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