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Vol 23 No 5 May/June 2018

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Defence Counsel in International Criminal Law

ISBN13: 9789067043052
Published: July 2009
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £65.99

Despatched in 9 to 11 days.

This book examines whether international criminal courts enable defence counsels to conduct effective defences. When the ad hoc tribunals for the former Yugoslavia and Rwanda were set up in the mid-nineties to prosecute those responsible for serious violations of international humanitarian law, little thought had been given as to how to organise the defence. Simply assigning one counsel per accused was deemed sufficient.

However, it soon turned out that more assistance was necessary to guarantee a fair trial to the accused. The statutes of international criminal courts are concise about the right to legal assistance and the role of the defence in its proceedings. This book examines the position of the defence at international criminal courts given the sui generis character of international criminal proceedings and analyses important issues concerning the defence, such as legal aid, equality of arms, professional ethics and disciplinary law and the right to self-representation.

  • Inclusion of case law gives deeper insight into the practice of international criminal courts
  • Theoretical chapter on the sui generis character of international criminal proceedings helps the reader understand how the general character of international criminal proceedings influences the appropriate role of the defence
  • Offers valuable recommendations to improve defence advocacy, enhancing its value for practitioners and policy makers in the field of international criminal law

International Criminal Law
Part I:
1. Introduction
2. The right to legal assistance
3. Organisational structures for the defence
Part II:
4. International criminal procedure in perspective
Part III:
5. The principle of equality of arms
6. Regulation of professional conduct
7. Assisting an accused who represents himself
8. Conclusion and recommendations.