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Defence Counsel in International Criminal Law

Autor Jarinde Temminck Tuinstra
en Limba Engleză Hardback – 8 iul 2009
Do international criminal courts sufficiently enable defence counsel to conduct an effective defence? 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 to how to organize the defence. The Statutes and Rules of Procedure and Evidence were rather concise on the right to legal assistance and the role of the defence in proceedings. Simply assigning one counsel per accused was at first deemed sufficient. However, as the first trials got under way, it became apparent that more assistance was necessary to safeguard fair proceedings.
This book is the first integral analysis which deals with the position of the defence in the international criminal courts. It pays particular attention to the sui generis character of international criminal proceedings and explores the critical areas that amount to an effective defence, including a proper legal aid system, access to competent legal assistance, equality of arms between the defence and the prosecution, sound standards of professional conduct and an effective right to self-representation.
The book is highly recommended to those working in (international) criminal law, such as practitioners, academics, policymakers and all others interested in this new and still developing area of international law.
Dr Jarinde Temminck Tuinstra carried out her research project on defence counsel in international criminal law at the University of Amsterdam and as a visiting researcher at Yale University after which she started working as a criminal defence attorney.
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Specificații

ISBN-13: 9789067043052
ISBN-10: 9067043052
Pagini: 323
Ilustrații: 342 p.
Greutate: 0.66 kg
Ediția:1st Edition.
Editura: T.M.C. Asser Press
Colecția T.M.C. Asser Press
Locul publicării:The Hague, Germany

Public țintă

Research

Descriere

without payment when lacking f nancial means in the ICTY Statute, following the lead of the Nuremberg Statute. T e ‘Rules of Procedure and Evidence’ (RPE) of the ICTY and the International Criminal Tribunal for Rwanda (ICTR) that were adopted by the judges contained more detailed regulations on the defence. T ese provisions were soon extensively amended and extended, for instance, as a result of the experiences in the f rst ICTY case, Tadi?. T e current ICTY RPE require counsel to be a member of an ‘association of counsel practicing at the Tribunal recognized by the Registrar’. T ey also provide for an ‘Advisory Panel’, a ‘Directive on the Assignment of Defence Counsel adopted by the Registrar’ and a ‘Code of Professional Conduct for Defence Counsel appearing before the International Tribunal’. T e current generation of international criminal courts generally require defence counsel to meet particular qualif cation requirements. Before the ICTY and the ICTR, both defence attorneys qualif ed in domestic courts and lawyers who are university professors, whatever their f eld may be, are eligible to become defence counsel. On a national level however, even where highly complex and specialist f elds, like envir- mental criminal law, or tax law are concerned, no additional qualif cation requi- ments apply to defence counsel.

Cuprins

The Implementation of the Right to Counsel in International Criminal Proceedings.- The Right to Legal Assistance.- Organisational Structures for the Defence.- Procedural Perspectives.- International Criminal Procedure in Perspective.- Role of Defence Counsel in International Criminal Practice.- The Principle of Equality of Arms.- Regulation of Professional Conduct.- Assisting an Accused Who Represents Himself.- Conclusion and Recommendations.

Recenzii

From the reviews:
“Jarinde Temminck … makes an important contribution to the debate over the role of defence counsel in international criminal law. … International defence counsel, as well as people interested in and responsible for the development of policy at the international criminal bodies, should read this book. … This book shows that the ICC and the international criminal law regime as a whole should strive to set a higher standard to assist the efforts of defence counsel as advocates for those accused of extraordinary crimes.” (Scott T. Johnson, Journal of International Criminal Justice, May, 2012)

Notă biografică

Jarinde Temminck Tuinstra is researching defence counsel in international criminal law at the University of Amsterdam.