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Counsel Misconduct before the International Criminal Court: Professional Responsibility in International Criminal Defence


ISBN13: 9781849463171
Published: November 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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This is the first comprehensive study of the law governing professional misconduct by defence lawyers before the International Criminal Court. The ICC's regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts.

The book first turns to how the ICC's forerunners - the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Court for Sierra Leone - coped with misconduct, often resulting in controversy. The book also looks at the approaches which have evolved in Germany and the United States, reflecting the different role of defence lawyers in the civil and common law criminal justice traditions.

The book offers a unique insight into the professional responsibilities of defence lawyers within the various international and national regimes. Offering practical guidance on disciplinary systems and other sanctioning mechanisms, it also explores the inherent tension at the heart of the defence lawyer's role: to ensure the human right to a fair trial we want them to be zealous advocates for their clients; at the same time we ask them to commit themselves as officers of the court.

Subjects:
International Criminal Law
Contents:
Introduction
I. Common Professional Standards for Defence Lawyers before the ICC
II. Concepts of Professional Conduct, Professional Responsibility and Professional Ethics
III. The Various Types of Enforcement Mechanisms in Counsel Regulation

Chapter 1 The UN International Criminal Tribunals: ICTY, ICTR and SCSL
I. The UN Tribunals: Criminal Justice Steps onto the International Arena Again
II. Misconduct before the International Criminal Tribunal for the former Yugoslavia
III. Misconduct before the International Criminal Tribunal for Rwanda
IV. Misconduct before the Special Court For Sierra Leone
V. Conclusion on the UN Tribunals: Lessons to Learn

Chapter 2 The National Models: Germany and the United States
I. The Two National Models: Commonalities and Differences
II. Legal Responses to Misconduct: Germany
III. Legal Responses to Misconduct: United States
IV. A Comparative Assessment

Chapter 3 The International Criminal Court's System
I. The General Layout of the ICC System of the Regulation of Counsel
II. Specific Measures against Counsel Misconduct
III. A Comparison and Analysis of the Various Measures
IV. Defence Rights and their Impact on the Regulation of Counsel V. Assessment of the ICC Regime

Chapter 4 The Relationships between the Different Regimes
I. The Concurrence of the ICC and National Jurisdictions
II. Enforcing Professional Discipline
III. Criminal Proceedings
IV. The Relationships of Sanctions within the ICC Regime Conclusions on International Counsel and Misconduct

I. A Summary of the Study
II. Sanctioning Counsel and the Various Types of Enforcement Mechanisms
III. Misconduct and the Double Role of Counsel