The ICC disciplinary regime for counsel is a widely unknown but challenging field of work of high importance not only for counsel appearing before the Court at the Hague but also for national bar associations and authorities being forced to appoint ad-hoc members for proceedings against their members due to alleged misconduct.
To provide these newcomers a first introduction in the ICC disciplinary regime together with the fundamental legal texts for their work this publications was written. Nevertheless it is hoped that it will prove useful to those who do not have access to online libraries during their work and also to those who do but would nonetheless value the convenience of a collection which may be kept readily to hand, too.
Contents
Introduction
Legal basis
The Organs
The Commissioner
The Disciplinary Board
The Disciplinary Appeals Board
Future developments
Legal Texts
Rome Statute of the International Criminal Court
Rules of Procedure and Evidence
Code of Professional Conduct for counsel
Rules and Procedures of the Disciplinary Board and the Disciplinary Appeals Board
Regulations of the Court
Regulations of the Registry
Objectives and Topics
This handbook provides a foundational overview of the disciplinary regime governing counsel practicing before the International Criminal Court. It serves as a practical resource for legal professionals and bar associations, detailing the regulatory framework, the composition of disciplinary organs, and the established procedures for addressing alleged misconduct.
- Legal foundations of the ICC disciplinary regime for counsel.
- Roles and responsibilities of the Commissioner and Disciplinary Boards.
- Procedural steps for investigating and sanctioning professional misconduct.
- Rights of the defense throughout disciplinary proceedings.
- Collection of essential legal texts, including the Rome Statute and Code of Professional Conduct.
Extract from the book
The Disciplinary Board
The Disciplinary Board has three members, two of them permanent and one ad-hoc. The permanent members as well as an alternate member are elected for four years by all counsels entitled to practise before the Court. They shall be chosen from amongst persons with established competence in professional ethics and legal matters. The ad-hoc member is a person appointed by the national authority competent to regulate and control the activities of the counsel subject to the disciplinary procedure.
After the election and in advance of the first meeting of the newly-elected Disciplinary Board, the permanent and alternate members shall elect one of the permanent members as a chairperson. All members of the Disciplinary Board shall have the same rights and votes, decisions are taken by majority. An alternate member serving as a replacement for an unavailable permanent member on a case has the same rights and votes as the permanent or ad-hoc members. Unlike the permanent members the alternate member can be re-elected for a second period.
A Presiding member of the Disciplinary Board is appointed by the chairperson from the permanent members on a rotating basis. This member is responsible for the drafting of texts, resolutions and other documents required.
Summary of Chapters
Introduction: Provides the legal framework for counsel discipline at the ICC, tracing the evolution from the Rome Statute to specific disciplinary organs.
Legal Texts: A compilation of primary source materials including the Rome Statute, Rules of Procedure and Evidence, Code of Professional Conduct for counsel, and relevant institutional regulations.
Keywords
International Criminal Court, Disciplinary Organs, Counsel, Misconduct, Disciplinary Board, Professional Conduct, Legal Ethics, Commissioner, Sanctions, Disciplinary Appeals Board, Rules of Procedure, Legal Representation, Rome Statute, Regulations of the Court, Disciplinary Proceedings
Frequently Asked Questions
What is the primary purpose of this work?
The handbook aims to introduce legal professionals to the ICC disciplinary regime and provides a convenient collection of fundamental legal texts governing the conduct of counsel.
Who are the central organs responsible for disciplinary matters?
The primary organs are the Disciplinary Board, the Disciplinary Appeals Board, and the Disciplinary Commissioner.
How is a disciplinary case initiated?
Investigations are initiated by the Disciplinary Commissioner, typically upon receipt of a complaint from the Registrar, Chambers, the Prosecutor, or affected individuals.
What standards of evidence are required for a misconduct finding?
Any alleged misconduct must be proven to the Disciplinary Board with clear and convincing evidence.
What sanctions can be imposed on counsel?
Sanctions range from admonishments and public reprimands to fines, temporary suspension from practice, or a permanent ban and removal from the list of counsel.
Does the Disciplinary Board hold public hearings?
Yes, disciplinary hearings are generally public, although the Board may decide to move to a closed session to protect confidentiality or the safety of witnesses and victims.
Can a decision of the Disciplinary Board be appealed?
Yes, both the sanctioned counsel and the Commissioner have the right to appeal a decision to the Disciplinary Appeals Board on factual or legal grounds.
What happens if a counsel is permanently banned?
A permanent ban results in the counsel being struck off the list of counsel; however, there is a specific procedure available to apply for reinstatement if the individual can demonstrate they are again a fit and proper person to practice.
- Arbeit zitieren
- Ingo Klaus Wamser (Autor:in), 2014, International Criminal Court Disciplinary Organs' Handbook, München, GRIN Verlag, https://www.grin.com/document/278912
