Defence Counsel in International Criminal Law

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.

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.