IBA ICC Monitoring
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NEW IBA ICC Monitoring report Sustaining the International Criminal Court: Issues for consideration at the 2010 Review Conference and beyond
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Monitoring the International Criminal Court
Mandate
As part of the IBA Monitoring and Outreach programme, the IBA now has a lawyer based full-time in The Hague to monitor the work and proceedings of the ICC. The IBA developed specific ICC Parameters for Monitoring, which were distributed to all organs of the Court at the commencement of the programme.
In keeping with the programme mandate and the parameters for monitoring the IBA programme lawyer assesses the implementation of the 1998 Rome Statute, the Rules of Procedure and Evidence, and related ICC documents, in the context of relevant international standards, focusing in particular on the fair trial rights of the accused. Periodic monitoring reports are then issued.
High-level Consultation
The IBA programme lawyer engages in high level consultation within and outside of the ICC as part of the programme mandate. Within the ICC, the IBA programme lawyer liaises with designated representatives of key organs of the Court including the Registry, the Office of the Prosecutor, the Office of Public Counsel for Defence and the Office of Public Counsel for Victims and the Outreach section. Externally, input is received from legal experts and other interested parties in assessing the work and proceedings of the Court. This includes periodic consultation with individuals in academic institutions, non-governmental organisations, Netherlands’ government departments, defence counsel organisations, other international legal professional organizations, staff of the ad hoc tribunals, individual defence counsel and diplomatic representatives.
To ensure the highest standards in the quality of the reports generated the IBA monitor also consults with a number of IBA members and other concerned individuals with expertise in international criminal law and proceedings and international humanitarian law, in addition to specific experience within international criminal courts and/or ad hoc tribunals. These experts assist in providing input into IBA analysis of specific legal and procedural issues and more broad aspects of the efficient and impartial operation of the Court.