Final Draft of International Criminal Court Bar Association Constitution Released

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Click the link at the bottom of this post to read the final draft of the International Criminal Court Bar Association Constitution:

PREAMBLE

List Counsel of the International Criminal Court,

ASSEMBLED in (Place) on (Date);

CONSIDERING the creation of the International Criminal Court (“ICC”) as a permanent court characterized by its specific scope of jurisdiction;

CONSIDERING that the ICC has a statutory mandate to guarantee the effective respect of internationally recognized human rights;

CONVINCED of the need for Counsel practicing before the ICC and their Support Staff to have an independent association to uphold professional standards of conduct and ethics, reinforce the independence of the legal profession, and ensure the effective representation of their general and collective interests;

EMPHASIZING that justice shall never be achieved without due process of law; RECOGNIZING that due process of law cannot be achieved without effective legal representation of Counsel;

MINDFUL of the ICC’s obligation of ensuring fair proceedings;

EMPHASIZING the essential role played by Counsel in ensuring fair proceedings and respect for the rights of persons appearing before the ICC;

RECALLING the 1990 UN Basic Principles on the Role of Lawyers, particularly Articles 24 and 25 concerning the freedom of lawyers to form professional associations;

RECOGNIZING that an association must be independent from all States and tribunals, and would be supplementary and without prejudice to independent offices or organs for Defence and Victims established under the legal frameworks of the various international, hybrid or internationalized criminal courts and tribunals and providing legal and logistical advice and assistance to Counsel and representing the general interests of Counsel;

RECOGNIZING that such an association at the ICC will not interfere with the functioning of national Bars;

RECOGNIZING the need for such an association to be created to represent the interests of those appearing before the ICC;

EMPHASIZING the ICC’s recognition for the need for an independent representative body of counsel before the ICC;

RECOGNIZING that such an association promotes the fairness of the proceedings thus enabling the ICC to accomplish its mandate pursuant to the Rome Statute;

RECALLING that the Counsel form an integral part of the proceedings before the ICC;

EMPHASIZING that when there exists an organized association it enables Counsel to participate in decisions at the ICC, enabling its members to effectively interact with civil society and judicial institutions;

ACKNOWLEDGING the benefit of mandatory membership to an association for all Counsel admitted to the ICC List of Counsel which is maintained by the ICC Registrar in accordance with Rule 21(2) of the ICC Rules of Procedure and Evidence;

CONSIDERING the general principles of criminal law stated in Articles 22, 23, 24 of the Rome Statute and Rule 20 of the Rules of Procedure and Evidence that the Registrar shall organize the Registry in a manner that promotes the rights of the Defence, consistent with the due process rights contained in the Rome Statute;

CONSIDERING further Article 68 of the Rome Statute and Rules 90, 91, 92 and 93 of the Rules of Procedure and Evidence relating to participation of victims in court proceedings in person or through their Counsel;

RECALLING that the Registrar acknowledges that the formal recognition of an independent self-governing Association of Counsel is a key element of the support structure to Counsel;

RECALLING that the establishment of an independent representative body of counsel may be facilitated by the Assembly of States Parties in accordance with Rule 20(3) of the Rules of Procedure and Evidence;

RECALLING the resolution ICC-ASP/13/Res.5 adopted by the Assembly of States Parties at its 13th plenary meeting on 17 December 2014 which notes the important work of independent representative bodies of counsel or legal associations, including any international legal association relevant to Rule 20(3) of the Rules of Procedure and Evidence; and the resolution ICC-ASP/14/Res.4 adopted by the Assembly of States Parties at its 14th plenary meeting on 26 November 2015 which acknowledges the efforts for of the legal profession, in consultation with the Court, for the establishment of an independent representative body of counsel;

HAVE ADOPTED the following Constitution:

ICCBA Constitution Final Draft

Image source: www.redcross.org

 

 

 

 

 

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