International Criminal Court Disciplinary Organs' Handbook

Contents

Introduction

Legal basis

The Organs

The Commissioner

The Disciplinary Board

The Disciplinary Appeals Board

Future developments

Legal Texts

Rome Statute of the International Criminal Court

Rules of Procedure and Evidence

Code of Professional Conduct for counsel

Rules and Procedures of the Disciplinary Board and the Disciplinary Appeals Board

Regulations of the Court

Regulations of the Registry

Objectives and Topics

This handbook provides a foundational overview of the disciplinary regime governing counsel practicing before the International Criminal Court. It serves as a practical resource for legal professionals and bar associations, detailing the regulatory framework, the composition of disciplinary organs, and the established procedures for addressing alleged misconduct.

• Legal foundations of the ICC disciplinary regime for counsel.
• Roles and responsibilities of the Commissioner and Disciplinary Boards.
• Procedural steps for investigating and sanctioning professional misconduct.
• Rights of the defense throughout disciplinary proceedings.
• Collection of essential legal texts, including the Rome Statute and Code of Professional Conduct.

Extract from the book

Summary of Chapters

Introduction: Provides the legal framework for counsel discipline at the ICC, tracing the evolution from the Rome Statute to specific disciplinary organs.

Legal Texts: A compilation of primary source materials including the Rome Statute, Rules of Procedure and Evidence, Code of Professional Conduct for counsel, and relevant institutional regulations.

Keywords

International Criminal Court, Disciplinary Organs, Counsel, Misconduct, Disciplinary Board, Professional Conduct, Legal Ethics, Commissioner, Sanctions, Disciplinary Appeals Board, Rules of Procedure, Legal Representation, Rome Statute, Regulations of the Court, Disciplinary Proceedings

Frequently Asked Questions

What is the primary purpose of this work?

The handbook aims to introduce legal professionals to the ICC disciplinary regime and provides a convenient collection of fundamental legal texts governing the conduct of counsel.

Who are the central organs responsible for disciplinary matters?

The primary organs are the Disciplinary Board, the Disciplinary Appeals Board, and the Disciplinary Commissioner.

How is a disciplinary case initiated?

Investigations are initiated by the Disciplinary Commissioner, typically upon receipt of a complaint from the Registrar, Chambers, the Prosecutor, or affected individuals.

What standards of evidence are required for a misconduct finding?

Any alleged misconduct must be proven to the Disciplinary Board with clear and convincing evidence.

What sanctions can be imposed on counsel?

Sanctions range from admonishments and public reprimands to fines, temporary suspension from practice, or a permanent ban and removal from the list of counsel.

Does the Disciplinary Board hold public hearings?

Yes, disciplinary hearings are generally public, although the Board may decide to move to a closed session to protect confidentiality or the safety of witnesses and victims.

Can a decision of the Disciplinary Board be appealed?

Yes, both the sanctioned counsel and the Commissioner have the right to appeal a decision to the Disciplinary Appeals Board on factual or legal grounds.

What happens if a counsel is permanently banned?

A permanent ban results in the counsel being struck off the list of counsel; however, there is a specific procedure available to apply for reinstatement if the individual can demonstrate they are again a fit and proper person to practice.