Judges, the registry, and defence counsel

This chapter examines the role of the judiciary, the Registry, and defence counsel at the International Criminal Court with a view to assessing whether defendants’ rights are adequately protected at the Court. Part I examines the critical role played by the judges of the Court as those ultimately responsible for safeguarding the fairness of all judicial proceedings. Part II considers the role of the Registry in protecting defendants’ rights. While potentially less apparent to those unfamiliar with the Court, the Registry plays an integral role in this task by, inter alia, facilitating the appointment of legal representation, managing the Court’s legal aid program, and managing the Court’s detention centre. Part III then reviews the structure and provision of defence counsel of the Court, including the guaranteed right to counsel, competency requirements for counsel, ethical obligations of defence counsel, the unique Office of the Public Counsel for Defence, and the Court’s legal aid regime. Finally, section IV assesses whether defendants’ rights are adequately protected. The Rome Statute, Rules of Procedure and Evidence, Regulations of the Court and the Registry, the Chambers Practice Manual, Code of Judicial Ethics, and Code of Professional Conduct for Counsel together define a comprehensive regime for protection of the rights of defendants at the Court. Many have lauded this as an improvement over prior courts and tribunals. Nonetheless, many critiques have been levied regarding insufficient resources for defence counsel and inadequate legal aid funding as well as institutional inequality between the defence and prosecution. Actual, robust implementation of this regime is critical for true equality of arms and full guarantee of defendants’ rights.

Section: The Elgar Companion to the International Criminal Court