Defense Perspectives on International Criminal Justice

This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

On the administering of international criminal justice Judge Howard Morrison, QC; Part I. A General Perspective on the Role and Function of the Defense in International Criminal Proceedings: 1. The pioneering role of the defense counsel in international criminal trials: from Nuremberg to The Hague Geert-Jan Knoops; 2. Ethical standards in the practice of international criminal law Colleen Rohan; 3. Who needs a lawyer anyway? Self-representation and standby counsel in international criminal trials Richard Harvey; 4. Navigating the tension between effective and efficient legal counselling and respecting the formal rules of the tribunals: what compass to use? Gentian Zyberi; Part II. Institutional Organization and Concerns: 5. Defense organizations and offices at the international courts and tribunals Dominic Kennedy and Isabel Düsterhöft; 6. Functional immunity of the defense counsel and defense staff from prosecution before domestic courts Semir Sali and Gentian Zyberi; 7. The principle of equality of arms in international criminal proceedings Masha Fedorova; Part III. The Role of the Defense during the Criminal Process: 8. The role of the defense in the pre-trial stage Jens Dieckmann and Marie O'Leary; 9. The role of the defense in the trial stage Michael Karnavas; 10. The role of the defense in the appellate stage John Ackerman and Colleen Rohan; 11. Post-conviction remedies and the residual mechanism Martin Petrov and Dejana Radisavljevic; Part IV. Specific Aspects of the Work of the Defense: 12. Developing a case theory and a defense strategy Gregor Guy-Smith; 13. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part I) Wayne Jordash and Léa Kulinowski; 14. Vaguely drawn maps and dimly lit paths: rules governing admissibility of evidence at the ad hoc tribunals (Part II) Wayne Jordash and Léa Kulinowski; 15. Affirmative defenses in international criminal proceedings Annie O'Reilly; 16. Defense investigations and the collection of evidence Caroline Buisman and David Hooper; Part V. Concluding Observations: 17. A tale of four illusions: the rights of the defense before international criminal tribunals Dov Jacobs.

Colleen Rohan has been a practicing criminal defense attorney for more than thirty years. She served as counsel in the Haradinaj et al. and Popovic et al. cases at the International Criminal Tribunal for the former Yugoslavia (ICTY) and as senior legal consultant to the Standby Counsel team in Prosecutor v. Karadžic. She edited the Manual on International Criminal Defence: ADC-ICTY Developed Practices, published in 2011, and was twice elected to serve as President of the Association of Defense Counsel Practising at the ICTY. She currently serves as defense counsel in the EULEX war crimes courts in Kosovo.
Gentian Zyberi is a Professor of International Law and Human Rights at the Norwegian Centre for Human Rights, University of Oslo. Zyberi was admitted to legal practice in the Albanian Bar Association, Tirana branch, in February 2006. He has worked as a legal assistant and interpreter for the defense at the International Criminal Tribunal for the former Yugoslavia (ICTY) in Prosecutor v. Limaj et al. and Prosecutor v. Haradinaj et al. Professor Zyberi is a member of the Permanent Court of Arbitration, The Hague.