Overview

Although the Rome Statute of the International Criminal Court (ICC) uses very clear and detailed language on structural and organizational facilities for the Prosecutor's Office and (within the Registry) a Victims and Witnesses Unit, it does not contain any reference to structural and organizational support for defence attorneys. Whereas, at the national level, alongside the apparatus for the prosecuting and judicial authorities, one finds a bar association for the substantive and practical support of defence attorneys and for defence policy matters in general, a structure of this kind is missing at the level of the ICC. This lacuna had been noticed by several national delegations as well as by the International Criminal Defence Attorneys Association (ICDAA). The question of whether or not this lacuna is indeed a problem that should and could still be repaired at the level of the Rules of Procedure and Evidence was the subject of a conference on 1-2 November, 1999, at the International Criminal Tribunal for the Former Yugoslavia in The Hague. The conference was organized by the ICDAA in cooperation with Leiden University and Erasmus University Rotterdam (Netherlands), addressed by scholars as well as practicians, and attended by members of national delegations from fifteen States, NGO representatives, attorneys and independent human rights activists. This book includes the proceedings of the conference for those who participated but also for those who are interested in the issue but were unable to participate. Instead of simply compiling the lectures, this compilation has been supplemented with a r?sum? of the discussions, an overview of how the issue developed further within the PrepCom, and an Appendix with the four text versions which were dicussed during various PrepCom sessions.

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