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

2016 ◽  
Vol 16 (6) ◽  
pp. 1048-1116
Author(s):  
Michael G. Karnavas
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Code Of Conduct ◽  
Criminal Court ◽  
Professional Association ◽  
Criminal Courts ◽  
Defence Counsel ◽  
Bar Association

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.

Judicial Lawmaking, Discourse Theory, and the ICTY on Belligerent Reprisals

2011 ◽  
Vol 12 (5) ◽  
pp. 1261-1278 ◽  
Author(s):  
Milan Kuhli ◽  
Klaus Günther
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Individual Case ◽  
Criminal Court ◽  
Discourse Theory ◽  
Criminal Courts ◽  
Normative Expectations ◽  
Judicial Lawmaking ◽  
The Individual

Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts' normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations.

The ‘Inherent Power’ of Judges: An Ethical Yardstick to Assess Prosecutorial Conduct at the icc

2016 ◽  
Vol 16 (2) ◽  
pp. 304-322
Author(s):  
Anna Oriolo
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Code Of Conduct ◽  
Fair Trial ◽  
Criminal Court ◽  
Ethical Standards ◽  
Good Standing ◽  
Staff Members ◽  
Administration Of Justice

Although the Code of Conduct for the Office of the Prosecutor (otp) of the International Criminal Court (icc) that entered into force in 2013 unquestionably provided a more comprehensive set of ethical standards for all members of the Office (both staff members and elected officials), it does not fully meet the current needs to balance the powers and faculties of the Prosecutor in compliance with fair trial principles, the credibility of the Court and the sound administration of justice. Notwithstanding the adoption of the Code, a controversial prosecutorial action in the Bemba et al. case led to a request to disqualify the entire staff of the otp. This paper takes the opportunity to remark on the ethical standards applicable to icc prosecution lawyers and specifically the role of icc judges as the ‘ultimate guardian of a fair and expeditious trial’ in outlining the criteria to assess the conduct, good standing and professionalism of the otp.

scholarly journals Thousands on the stand: Exploring trends and patterns of international witnesses

2019 ◽  
Vol 32 (4) ◽  
pp. 819-836
Author(s):  
Gabriele Chlevickaite ◽  
Barbora Hola ◽  
Catrien Bijleveld
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Complex Interaction ◽  
Criminal Courts ◽  
Witness Testimony ◽  
General Overview ◽  
Judicial Efficiency ◽  
Situational Contexts

AbstractThe international criminal courts and tribunals have heard thousands of witnesses in cases of extreme complexity and breadth. Their evidentiary record is overwhelming, with live witness testimony standing out as one of its defining features. Keeping in mind the arguments and policies of judicial efficiency and fairness, this article empirically examines the trends and patterns in viva voce witness numbers at the International Criminal Tribunal for the Former Yugoslavia (ICTY), for Rwanda (ICTR), and the International Criminal Court (ICC). We observe clear differences between institutions and individual cases, and discuss the underlying reasons for such divergences. As well as providing a general overview, we demonstrate the complex interaction between case-related characteristics, institutional and situational contexts, and the number of witnesses called at trial.

The Role Played by External Case Law in Promoting the Legitimacy of International Criminal Court Decisions

2018 ◽  
Vol 87 (2) ◽  
pp. 189-211
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Courts ◽  
Procedural Law ◽  
The Law

International criminal courts and tribunals (ICTs) often refer to jurisprudence from other ICTs when reaching a decision. This can help increase the legitimacy of their decision-making. This article focuses on the International Criminal Court (ICC) and examines when the ICC may refer to the decisions from other courts; when it in fact does so; when it has chosen to deviate from the decisions of other ICTs; and how this has affected the legitimacy of its decisions. The ICC has generally been mindful in its approach towards referring to jurisprudence from other ICTs, but has not been afraid to deviate from it on occasion in decisions concerning both substantive and procedural law. The article argues that where possible the Court should interpret the law in line with other ICTs’ decisions. This will help increase the legitimacy both of the Court’s own decisions and the field of ICL as a whole.

INTERNATIONAL CRIMES WITHIN THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS

2017 ◽  
Vol 2 (2) ◽  
pp. 71-84
Author(s):  
Magda Olesiuk-Okomska
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Far East ◽  
Criminal Court ◽  
Court System ◽  
Criminal Courts ◽  
International Crimes ◽  
Military Tribunal ◽  
Massive Scale

Although in international law responsibility traditionally had belonged to states, along with involvement of individuals in conflicts between states and committing by them crimes on a massive scale, a need to criminalize such acts and to bring offenders guilty of the most serious violations of international law to justice - arose. Establishment of international criminal courts resulted from the need to fulfill internationally the idea of justice. Development of international criminal courts reflects differences in inter alia attitude towards ratione materiae of particular courts and tribunals. The purpose of this article is to present and discuss international crimes within the jurisdiction of international criminal courts and tribunals. A typology of international criminal courts was indicated and the most important courts and tribunals were presented in detail. The paper discusses subject jurisdiction of International Military Court in Nuremberg and International Military Tribunal for the Far East in Tokio, the first international courts established to bring war criminals to justice; as well as the subject jurisdiction of the International Criminal Court, the only permanent court in international criminal court system, having universal jurisdiction. Four categories of the most serious crimes of international concern were considered, and doubts concerning subject jurisdiction of the International Criminal Court, as well as its functioning in general, were signalized.

International Criminal Court Code of Conduct for the Office of the Prosecutor

2014 ◽  
Vol 53 (2) ◽  
pp. 397-412
Author(s):  
Lawrence Pacewicz
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Code Of Conduct ◽  
Criminal Court ◽  
Ethical Conduct ◽  
The Future

On September 5, 2013, the Code of Conduct for the Office of the Prosecutor (OTP Code) adopted by the Office of the Prosecutor (OTP) at the International Criminal Court (Court or ICC) entered into force, a little over a year after the commencement of the term of the current Prosecutor, Mrs. Fatou Bensouda. Though the Code fills an important void in the regulation of OTP ethical conduct, its provenance and content mean that much will depend on the manner in which it is applied in the future.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

INTERNATIONAL CRIMINAL COURTS ROUND-UP

2008 ◽  
Vol 11 ◽  
pp. 255-372 ◽  
Author(s):  
Amna Guellali ◽  
Enrique Carnero Rojo
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

scholarly journals Universal jurisdiction in the activities of international criminal courts

Legal Ukraine ◽  
2020 ◽  
pp. 42-47
Author(s):  
Oleksandr Bazov
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
International Crime ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
International Terrorism ◽  
Legal Institution ◽  
Criminal Courts ◽  
International Crimes

The article presents an analysis of the principle of universal jurisdiction as an important legal institution of international criminal justice. Analyzed the main international legal norms and judicial practice in this area. The directions of further development of universal jurisdiction have been determined. Analyzed the Princeton Principlesof the universal jurisdiction. Investigated the work of the UN International Law Commission and the UN General Assembly on this issue. Proposals for the improvement of international and national legal acts are presented. Universal jurisdiction or the principle of universality in the fight against international crime is an important legal institution in the activities of both national and international criminal courts. As with any international offense, the obligation to stop international crimes such as aggression, genocide, crimes against humanity, war crimes and crimes of international terrorism take the form of an alternative to aut dedere aut judicare or aut prosegue by Hugo Grotius, and under which any State has an obligation to search for and prosecute international criminals for these heinous acts, regardless of the nationality of the perpetrators and their victims, as well as the place where the crime was committed, or to extradite international criminals to any State that requires their extradition for prosecution and punishment, or to an international criminal tribunal. Thus, a state is obliged to exercise universal criminal jurisdiction over international crimes and international criminals, or to extradite them to another state or to an international criminal court under conditions determined by international law and national law. Key words: universal jurisdiction, International criminal court, international crime, state sovereignty.

Hashtagging Justice: Digital Diplomacy and the International Criminal Court on Twitter

2021 ◽  
pp. 1-30
Author(s):  
David Eichert
Keyword(s):  
International Criminal Court ◽  
Public Diplomacy ◽  
International Criminal ◽  
Qualitative Content Analysis ◽  
Criminal Court ◽  
Political Support ◽  
Criminal Courts ◽  
International Organisations ◽  
Twitter Account ◽  
Digital Diplomacy

Summary This article uses qualitative content analysis to understand how the International Criminal Court (ICC) uses Twitter by building on digital diplomacy literature to assess the different narratives promoted by the ICC online. I find that the ICC is actively creating narratives that position it as part of a unified global fight for justice with wide political support from states and other international organisations. This kind of public diplomacy is unique among criminal courts, with tweets aimed at bolstering political support from both elite diplomats and non-elite lay publics. At the same time, however, this rebranding effort often oversteps the ICC’s limited jurisdiction, reducing complex legal topics to short, emotionally resonant phrases that fit within Twitter’s restricted format. While the Court still attempts to portray its work as politically neutral and objective, the diplomatic messaging of its Twitter account sends a different message about the Court’s social media agenda.

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