Gender Report Card on the International Criminal ... - YWCA Canada

Judiciary – Key Decisions Legal Representation
Decisions on Victims’
Legal Representation
In order to act as the legal representative of
victims, an individual must comply with the
requirements of the Rules of Procedure and
Evidence and the Regulations relating to legal
counsel. Regulation 67 requires at least ten years
necessary relevant experience as counsel, and
also provides that ‘counsel should not have been
convicted of a serious criminal or disciplinary
offence considered to be incompatible with
the nature of the office of counsel before the
Court’. 1849 To be included on the List of Counsel
maintained by the Registry, an individual must
provide proof of specific relevant information,
including a certificate from the Bar association
or relevant administrative authority the
individual is registered with confirming that
person’s qualifications, right to practise, and the
existence (if any) of any disciplinary sanctions or
ongoing disciplinary proceedings against them,
as well as a certificate from the relevant State
authority confirming the existence (if any) of any
criminal convictions against that person. 1850 The
individual seeking to be admitted as counsel has
an obligation to inform the Registry about any
changes to the information they have provided
regarding their qualifications as counsel, 1851
including the initiation of any criminal or
disciplinary proceedings against them. 1852
An important aspect in creating a system
of victim participation that is, above all,
meaningful for victims, is ensuring that the
interests and concerns of victims are adequately
represented at trial by their legal representative.
Due to the concerted trend of increases in
applications for victim participation at the
1849 Regulation 67(2).
1850 Regulations 69(2) and 70.
1851 Regulation 69(3).
1852 For more information about the ICC’s List of Legal
Counsel, see the Structures and Institutional
Development section of this <strong>Report</strong>, as well as the
Structures and Institutional Development section’s
recommendations.
Court, as described in more detail in the section
on Victim Participation of this <strong>Report</strong>, the Court
has been faced with challenges in balancing
the efficient conduct of proceedings, the rights
of the accused to an expeditious and fair trial
and the rights of victims to have their views
and concerns represented in the proceedings.
This has presented particular challenges for the
organisation of victims’ legal representation.
Pursuant to Rule 90(1) of the Rules of Procedure
and Evidence ‘a victim shall be free to choose
a legal representative’. Trial Chamber II in the
Katanga & Ngudjolo case, in a decision on
common legal representation of 22 July 2009,
reaffirmed victims’ right to choose a legal
representative, but stressed that this was
subject to the Chamber’s discretion with a
view to guaranteeing the efficient conduct of
proceedings. The Chamber ruled that:
Although victims are free to choose
a legal representative this right is
subject to the important practical,
financial, infrastructural and logistical
constraints faced by the Court.
Common legal representation is
the primary procedural mechanism
for reconciling the conflicting
requirements of having fair and
expeditious proceedings, whilst at
the same time ensuring meaningful
participation by potentially thousands
of victims, all within the bounds
of what is practically possible. The
Chamber considers, therefore, that the
freedom to choose a personal legal
representative, set out in rule 90(1)
is qualified by rule 90(2) and subject
to the inherent and express powers
of the Chamber to take all measures
necessary if the interests of justice so
require. 1853
1853 ICC-01/04-01/07-1328, para 11.
294