Copyright © 2002 Butterworths Canada Ltd.
THE LAWYERS WEEKLY
February 1, 2002

SECTION: Vol. 21, No. 36

LENGTH: 425 words

HEADLINE: Steps taken toward forming International Criminal Bar

BYLINE: Steven Kelliher

TEXT:
Victoria
About 300 lawyers from 60 countries met in Paris December 16 and 17
to take the first steps toward forming an International Criminal Bar.
I attended as the representative of Lawyers Rights Watch Canada. The
need for such a Bar became apparent from the experience of the ad hoc
tribunals dealing with Rwanda and Yugoslavia, and the conference was
the product of the joint effort of the Paris Bar and the
International Criminal Defence Attorneys Association.

The International Criminal Court (ICC), conceived by the U.N. Statute
in Rome in 1998, will be brought to life by the ratification of the
60th nation (there are 48 to date). The court will have jurisdiction,
complementary to nation states, over genocide, crimes against
humanity and war crimes. The offence of aggression is to be added
when member states agree on a definition.

The ICC has been a work in progress for the United Nations ever since
World War II and efforts intensified with the end of the cold war.
With the finalization of the Rome Statute, work began on the Rules of
Procedure and Evidence which required the registrar of the court to
consult with independent bodies of counsel or legal associations.
This provided the legal basis for formation of a criminal defence bar
and, partially as a result of the experience of the tribunals in
Rwanda and Yugoslavia, a working group headed by Cherif Bassiouni
said: "The three main pillars of the criminal justice system are an
independent judiciary, a prosecuting authority which guards public
interest and independent and effective defence counsel."

The Rome Statute did not directly contemplate the existence, let
alone the necessity, of a defence bar. The Quebec-based International
Criminal Defence Attorneys Association took up creation of this third
pillar, in the expectation that as well as ensuring the effective
defence of an accused, the organization would promote independence of
the legal profession and supremacy of the rule of law.
We heard academics, government lawyers, U.N. officials and
practitioners offer unique insights into the origins and future
development of the ICC.

Jean Degli, a member of the Paris Bar and a defence counsel involved
in the International Criminal Tribunal for Rwanda, said the
prosecutor was as powerful as the judge; the two had a close
relationship, and the judge who approved the indictment could hear
the merits of the case. The parties were not treated equally and
defence counsel tended to be marginalized.
Steven Kelliher practises criminal law in Victoria.

LANGUAGE: ENGLISH

LOAD-DATE: February 01, 2002
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