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.\u00a0 The International Bar Association (\u201cICB\u201d), which has been keen over the years to be the Bar for List Counsel, made a bid and lost.\u00a0\u00a0 The ICC in the past had made it clear that it would not recognize the ICB as the Bar representing List Counsel.\u00a0 The ICB is effectively a Bar without boarders.\u00a0 Its strength seems to also be its weakness \u2013 at least so it appears to the Registrar of the ICC.\u00a0 In any event, the ICB will continue to be a major factor in assisting List Counsel, even if operating from outside the ICC.<\/p>\n
After a few hastily organized meetings during last year\u2019s seminar, a group of 15 or so members of List Counsel were selected to serve as an Executive Committee (\u201cEC\u201d).\u00a0 Two members, Wang You Sando and Raymond M. Brown were selected as coordinators.\u00a0 Over the past year, Sando and Raymond have been overseeing the drafting of a statute for an association.\u00a0\u00a0 Those on the EC have had an opportunity to comment on the draft.\u00a0 It was hoped that the draft would be finalized and ready to be circulated to List Counsel and to the Registrar during this year\u2019s Seminar of Counsel.\u00a0 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.<\/p>\n
The debate continued here in The Hague among several members of the EC, resulting in a realization that the best way forward was to form a Bar that would be dedicated to and working within the ICC.\u00a0 All List Counsel would be required to be members of the Bar. Such a Bar could only be formed if the Registrar explicitly supports it.\u00a0 And, it might also require the blessings of the Assembly of State Parties (\u201cASP\u201d).<\/p>\n
During the Seminar, Sando and Raymond briefed List Counsel.\u00a0 While some expressed impatience and frustration, others were genuinely appreciative of the efforts and supportive of the process going forward.\u00a0 Some members of the ICB were vocal, arguing last years refrain.\u00a0 Suffice it to say, the ICB was recognized by the EC as a positive force, casting a wide shadow.\u00a0 It was reassured that the Bar, when formed, would be reaching out and assuredly would be collaborating with the ICB.<\/p>\n
During one discussion when the issue of fees (taxing ourselves) came up, List Counsel were informed that by April the Bar will be formed.\u00a0 A Constitution would be circulated for comments within a month, while discussions with the Registrar would begin in earnest as early as mid-November.\u00a0 Over 2000 euro was collected as seed money; enough to at least pay for a Notary and the registration.\u00a0 More contributions are expected once a bank account is opened.<\/p>\n
With the decision to form a Bar and with the approval of the coordinators I began drafting a Constitution based on the draft that had already been prepared, the ADC-ICTY Constitution and some of the comments raised during the discussions.\u00a0 The first draft was completed and passed on to Sando and Raymond on October 30, 2013.\u00a0 More on the draft Constitution to follow.<\/p>\n","protected":false},"excerpt":{"rendered":"