Editorial

Practising before the International Criminal Tribunal for the former Yougoslavia

J'exerce à l'international

Mis à jour le 28.03.2017

Qualification Requirement :

  • must be admitted to the practice of law in a State, or be a university professor of law;
  • must have written and oral proficiency in one of the two working languages of the Tribunal;
  • must be a member in good standing of the Association of Defense Counsel practicing before the Tribunal (ADC-ICTY);
  • must not have been found guilty or otherwise disciplined in relevant disciplinary; proceedings against him/her in a national or international forum, including proceedings pursuant to the Code of Professional Conduct for Defense Counsel Appearing Before the International Tribunal;
  • must not have been found guilty in relevant criminal proceedings;
  • must not have engaged in conduct whether in pursuit of his/her profession or otherwise which is dishonest or otherwise discreditable to a counsel, prejudicial to the administration of justice, or likely to diminish public confidence in the International Tribunal or the administration of justice, or otherwise bring the International Tribunal into disrepute;
  • must not have provided false or misleading information in relation to his/her qualifications and fitness to practice or have failed to provide relevant information;
  • must possess established competence in criminal law and/or international criminal law/international humanitarian law/ international human rights law;
  • must possess at least seven years of relevant experience, whether as a judge, prosecutor, attorney or in some other capacity, in criminal proceedings;
  • must have indicated his or her availability and willingness to be assigned by the Tribunal to any person detained under the authority of the Tribunal lacking the means to remunerate counsel, under the terms set out in the Directive;
  • any other information which you deem relevant;

A counsel who wishes to apply for admission to the Registrar’s list of counsel eligible for assignment to indigent suspects and accused (“ Rule 45 list”), needs, as a prerequisite, to become a full member of the Association of Defense Counsel practicing before the International Criminal Tribunal for the Former Yugoslavia (ADC-ICTY).

The relevant instructions and the list of documents required for ADC-ICTY membership can be found on: www.adcicty.com. All documents required by the ADC-ICTY and the Registry respectively, have to be sent to the ADC-ICTY by e-mail / info@adcicty.org/ or fax / 00 31 70 512 5718/, proving that the applicant fulfills the criteria set out in the qualification requirements. If a document is originally written in any other language than English or French, a certified official translation into one of the Tribunal’s official languages is required.

Once the ADC-ICTY approves the candidate’s application, his/her documents will be forwarded to the Registry for review and admission to the Rule 45 list. Should the Registrar be satisfied that all requirements are met, the applicant’s name will be added to the Rule 45 list and a letter of confirmation of admission will be sent to him/her.

Please note, that the Registry accepts only originals or certified copies of the documents, issued no later than two months prior to submission of the application. Therefore, the application containing originals or certified copies has to be mailed to the Office for Legal Aid and Detention Matters at the address given below.

Documents required by the Registry for admission to the Rule 45 list:

  • an “Application Form for Admission of Counsel to the Rule 45 list”;
  • a letter expressing your willingness and availability to be assigned as counsel to indigent accused/suspects, and requesting to be included in the Rule 45 list;
  • a detailed curriculum vitae;
  • a certificate of professional qualification issued by the competent professional body, including a recent certificate of good standing indicating the absence of current and past disciplinary proceedings against you;
  • evidence that you have not been found guilty in criminal proceedings;
  • the names and addresses of two referees who practice in the fields of criminal law, international humanitarian law, international human rights law or international criminal law, and who are in a position to advise the Registrar as to your professional competence in these fields;
  • for applicants whose native language is not English or French, a certificate from a language institute or other evidence of proficiency in English or French;*
  • any other information which you deem relevant.

Finally, in order to facilitate the indigent suspects and accused in their choice of counsel, the Registry includes in the Rule 45 list a short summary of biographical information for each counsel admitted to the list. Please be aware that the Registry normally includes the following standard biographical information: country where counsel is admitted to the practice of law, languages spoken, previous and current cases on which counsel may have worked (or still works) before the ICTY. Should you wish any additional information to be included in the Rule 45 list, please provide the Registry with a short text not exceeding 400 letters.

Should you have any questions on this matter, please do not hesitate to contact the Office for the Legal Aid and Detention Matters at the following address and phone numbers:
Churchillplein 1, 2517 JW The Hague. P.O. Box 13888, 2501 EW The Hague, Netherlands
Tel.: + 31 (0) 70 512 5416/ 512 5631 Fax: + 31 (0) 70 512 8637

Pays-Bas
Tel.: + 31 (0) 70 512 5416/ 512 5631 Fax: + 31 (0) 70 512 8637