By Till Gut
This can be the 1st accomplished learn of the legislation governing specialist misconduct by means of security legal professionals ahead of the overseas legal court docket (ICC). The ICC's regulatory regime used to be brought based on situations of misconduct skilled by way of different overseas and family felony courts. The publication first turns to how the ICC's forerunners - the overseas legal Tribunals for the previous Yugoslavia and Rwanda, and the specific courtroom for Sierra Leone - coped with misconduct, usually leading to controversy. It additionally appears to be like on the techniques that have developed in Germany and the U.S., reflecting different function of safety legal professionals within the civil and customary legislations legal justice traditions. It bargains a distinct perception into the pro obligations of safety legal professionals in the numerous overseas and nationwide regimes. delivering functional assistance on disciplinary structures and different sanctioning mechanisms, the ebook additionally explores the inherent rigidity on the middle of the safeguard lawyer's function: making sure the human correct to a good trial and consequently looking ahead to that they're going to be zealous advocates for his or her consumers, whereas, whilst, looking forward to that they devote themselves as officials of the court docket. (Series: reviews in overseas and Comparative legal legislation - Vol. eleven)
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Additional resources for Counsel Misconduct before the International Criminal Court: Professional Responsibility in International Criminal Defence
35 It provides for imprisonment of up to seven years or a fine not exceeding €100,000, or both. The latest revision of Rule 77 is Rev 43, 22 July 2009. 36 It was adopted 11 February 1994, revised 30 January 1995, amended 25 July 1997, revised 12 November 1997, amended 13 December 2001 and 22 July 2009. Some of the history of the Rule is recounted briefly by the Appeals Chamber in Prosecutor v Duško Tadic´, IT-94-1-A-R77, Appeals Chamber, Judgment on Allegations of Contempt against Prior Counsel, Milan Vujin, 31 January 2000, 12 Misconduct before the ICTY 77.
47, 28 August 2012. 25 Counsel for the ICTY’s Office of the Prosecutor are not covered. B at 14 (n 42). 26 See M Martínez, ‘ICTY’ in M Bohlander, R Boed and RJ Wilson (eds), Defense in International Criminal Proceedings (Ardsley, NY, Transnational Publishers, 2006) 96. See also Rohde (n 14) § 20–40, 56, 57, on prior record and good standing. 32, 28 July 2004. 28 Rule 44(C) obliges counsel to comply with all pertinent ICTY law. Rule 45 ICTY RPE specifies the assignment of counsel, including the so-called Rule 45 List of Counsel.
23 Whereas in some cases this may have compromised quality standards in respect of legal skills or legal ethics, the overall evidence points to the conclusion that it is not only the remuneration of counsel which is sufficient to ensure a dedicated defence in compliance with all professional requirements; it leaves open what constitutes the root cause of professional misconduct, and how the relationship of the defence towards the other actors within the overall system fits into the picture. II Misconduct before the International Criminal Tribunal for the former Yugoslavia A The Legal Sources of the ICTY on Counsel Misconduct The primary source of the ICTY is the Tribunal’s Statute.