Edited by William A. Schabas and Shannonbrooke Murphy
Chapter 14: Regulation of the international bar: the particular challenges for defence counsel at the international criminal courts and tribunals
This chapter examines the extent to which independent structures, either internal or external, are required to ensure equality of arms and the rights of the defence at international criminal courts and tribunals. The chapter compares and evaluates the different structures which have existed at the various international and mixed criminal courts and tribunals, and identifies defects and lacunae in the current infrastructure. After analysing the specific features of domestic bar associations, and bearing in mind the important role that such associations play in both protecting and regulating the defence profession, the chapter considers whether the establishment of an independent counsel association at the International Criminal Court would address and ameliorate problems currently faced by international defence counsel. The chapter also examines the optimum relationship of such an association with existing entities, such as the International Criminal Court’s Office of Public Counsel for the Defence, which seeks to assist the defence and promote equality of arms through internal avenues. KEYWORDS: international courts and tribunals, equality of arms, international defence counsel, ethics, counsel association
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.