Can justice be achieved at the ICC without due process of law? Can due process of law be achieved at the ICC without List Counsel? Can List Counsel meaningfully fulfil their duties and obligations to their clients if there is inequality of arms or asymmetry between them and the Prosecution? Can the internationally recognized standards and human rights principles be seriously advocated by List Counsel if they are without a collective voice that champions their needs so they can, in turn, champion the needs of their clients?
No reason to tax the mind pondering these questions. Article 67 of the ICC Statute, and Rule 20 of the Rules of Procedure and Evidence require the Registrar to promote a robust defence for all accused based on internationally recognized fair trial rights. Correspondingly, Article 68 of the ICC Statute and Rules 90, 91, 92 and 93 of the Rules of Procedure and Evidence provides for robust victim participation in court proceedings in person or through their legal representatives. Continue reading “Why Establish a Bar of List Counsel of the International Criminal Court?”