Category: ICC

In his comment to my 12 December post on the The New RPE 134 Provisions, our colleague Boniface Njiru makes some insightful observations on Article 27 of the ICC Statute.The ICC Statute was a work in progress for many years.  Drafted by committee and based on political compromises, there are some who claim that it reflects what is (or should be) considered customary international law (CIL).  This is an overreach; the jury, as it were, is still out on this.  We saw this played out recently over Bashir: while accepting that he had no immunity at the ICC because of the ICC Statute, CIL continues to allow heads of state personal immunity, with some claiming, rather credibly, that a State would be violating CIL by arresting Bashir and turning him in to the ICC for prosecution (see e.g. http://www.crimesofwar.org/commentary/the-icc-bashir-and-the-immunity-of-heads-of-state/).

One thing is certain since Nuremberg: little or no quarter was to be given to political and military leaders for committing acts recognized as international crimes by the community of mankind.  Thus, it was to be expected that no political leader, sitting or otherwise, would be immune from prosecution before the ICC.  That was the intent of all those who signed on to the Rome Statute, eyes wide open.

Continue reading “Response to observations on Article 27 of the ICC Statute”

After a year of mulling the various options available for List Counsel in organizing themselves to collectively meet the challenges they face at the ICC, the best option that emerged was the formation of a truly professional Bar.  While an association – as in a trade union – would be simpler and quicker to form, when considering the permanence and intended undertaking of the ICC, only a genuine professional Bar would be capable of having the desired enduring influence. Such a Bar will require ICC recognition: a tall and time-consuming order.  List Counsel must nonetheless soldier on in constituting a Bar.  The starting point is the drafting of a constitution, a collaborative process that is well under way, overseen by the coordinators of the Executive Committee formed last year by the List Counsel interested in establishing an ICC Bar for List Counsel.  Once the Constitution is adopted, the Bar can be registered and commence functioning. So, what of this Bar and how should it be constituted?

Continue reading “A constitutional framework for a professional Bar of List Counsel at the ICC”

Last year during the Tenth Seminar of Counsel of the ICC & Training Program held in The Hague on 17, 18 and 19 October 2012, the List Counsel who attended overwhelmingly voted to establish an association or Bar exclusively for List Counsel.  The International Bar Association (“ICB”), which has been keen over the years to be the Bar for List Counsel, made a bid and lost.   The ICC in the past had made it clear that it would not recognize the ICB as the Bar representing List Counsel.  The ICB is effectively a Bar without boarders.  Its strength seems to also be its weakness – at least so it appears to the Registrar of the ICC.  In any event, the ICB will continue to be a major factor in assisting List Counsel, even if operating from outside the ICC.

After a few hastily organized meetings during last year’s seminar, a group of 15 or so members of List Counsel were selected to serve as an Executive Committee (“EC”).  Two members, Wang You Sando and Raymond M. Brown were selected as coordinators.  Over the past year, Sando and Raymond have been overseeing the drafting of a statute for an association.   Those on the EC have had an opportunity to comment on the draft.  It was hoped that the draft would be finalized and ready to be circulated to List Counsel and to the Registrar during this year’s Seminar of Counsel.  But, even before the seminar, a debate had begun as to what sort of entity List Counsel should form: An association, similar to the ADC-ICTY, or a Bar as in the French Civil Law system. Continue reading “A Bar for List Counsel is within reach – finally!”