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.
papers from the Maastricht Seminar for icc Counsel, held at the Law Faculty of Maastricht University on 16 and 17 July 2015.
The Seminar provided members of the iccListofCounsel and icc officials and staff with the opportunity to discuss not only general topics of their interest (such as
very crucial elements that will be discussed during the next two days.
It is a pleasure to see a number of counsel belonging to the iccListofCounsel here today. I have had the privilege of working with a number of counsel and other experts present in the room. Some also participated in the
39 See Guide for applicants to the iccListofCounsel and Assistants to Counsel at < www.icc-cpi.int/iccdocs/PIDS/femalecounsel/Guide_for_App.Eng_w_cover.pdf >, 25 August 2015.
40 See Transcript of Initial Appearance, icc -02/04-01/05, 26 January 2015, p. 4.
41 There has been some
. 3 of the ICCBA Constitution. See in particular, Art. 3(2) (‘All persons who are on the ICCListofCounsel practising as independent counsel are eligible to be Full Members’.) (emphasis added).
Art. 2(2) of the ICCBA Constitution.
The disciplinary board for counsel is