ASSOCIATION OF DEFENCE COUNSEL

PRACTISING BEFORE THE INTERNATIONAL CRIMINAL TRIBUNAL

FOR THE FORMER YUGOSLAVIA

 

   

Background

 

Despite the fact that the International Criminal Tribunal for the Former Yugoslavia (ICTY) was created in 1993, the Defence Counsel were not collectively represented until September 2002.

The Judges felt that there was a need to have an association which could first ensure a higher quality for defence counsel and make collective representations to the organs of the Tribunal on behalf of all Defence Counsel involved in cases. Moreover, it was necessary to have such an association in the context of the Code of Professional Conduct for Counsel Appearing Before the International Tribunal the Judges adopted and its associated Disciplinary mechanism.

The Judges adopted modifications to the Rules of Procedure and Evidence, making membership of a recognized association of counsel a necessary requirement to be put on the so-called Rule 45 List (list of qualified counsel). This requirement can be found in Rule 44.

Onoing discussions further shaped the form of an Association, dealing with issues such as legal status, disciplinary framework, the ICTY Code of Professional Conduct for Defence Counsel and compulsory membership. These discussions resulted in a final proposal for a Statute developed by an Ad-Hoc Working group consisting of the President of the ICTY, Judge Jorda, Judges Hunt and Orie,  the then Deputy Registrar, Mr. Christian Rhode (Registry) and Mr. Tomislav Visnjic (Defence Counsel).

 Creation 

 

Further to the Judges's modifications to the Rules of Procedure and Evidence, the initiative to create the ADC-ICTY has developed as follows. Initially a working group of acting Defence Counsel consisting of Ms. Residovic (Sarajevo), Ms. Slokovic-Glumac (Zagreb), Mr. Višnjic (Belgrade), Mr. Morrison (Birmingham), a representative of the Dutch Bar Association and a representative from the Registry of the Tribunal developed a draft statute for an association in January of 2002.

 

At the judges plenary meeting of July 2002 the Tribunal specific Association of Defence Counsel was endorsed. This resulted in an amendment to the Rules of Procedure and Evidence to requirecounsel's membership in the Association of Defence Counsel, which was itself established under Dutch law on 20 September 2002 by the first General Assembly of the ADC-ICTY. 

 

The first General Assembly adopted the Constitution and elected the first Executive Committee, consisting of Mr. John Ackerman (President), Mr. Kresimir Krsnik, Mr. Slobodan Zecevic, Mr. Stefan Kirsch and Mr. Branko Lukic.

 

  Developments

 

In the first year the Executive Committee established important groundwork for future developments, including the development of a website, member services and procedures for applications, part time support staff, active participation of members in the various committees of the Association and involvement in the technological developments within the Tribunal. Most importantly, the Executive Committee established procedural and formal recognition by the Registrar of the Tribunal and worked towards an effective relationship between the ADC-ICTY and the Tribunal.

 

The second General Assembly which was held in September 2003 elected the second Executive Committee and its President, Stéphane Bourgon. During this year 2003-2004 the Association built on previous developments by employing a full time staff member into the function of Head of Office and by addressing a long list of issues with a view to achieving the objectives of the Association that are listed in the Constitution. These issues included both practical problems as well policy related questions. 

 

Subsequent Executive Committees elected by the General Assembly have worked tirelessly to consolidate the progress made and uphold the integrity of a true Bar Association for the International Tribunal, with regular training activities and a disciplinary regime.