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IBA Involvement in the International Criminal Court (ICC)

The IBA has been a consistent backer of the creation of the ICC and the IBA’s work with the ICC has been both active and direct. The IBA has used its position in the international community to advocate for, and raise awareness of, the ICC.

Prior to Ratification of the Rome Statute - IBA urges the creation of an International Court

An IBA Resolution calling for the immediate establishment of an independent ICC was adopted by the IBA Council in July 1995 and emphasised the opinion of the international legal community that an International Court is essential to the rule of law.  The Council, comprising 195 Bar Associations and Law Societies, called on its members to urge their governments to support the creation of such a Court.

Click here for IBA Resolution

IBA assists with development of the Court

Appointment of Prosecutor

Soon after the ratification of the Rome Statute creating the ICC, the IBA was contacted by representatives of Secretary-General, Kofí Annan, to assist in identifying suitable candidates for the position of ICC Prosecutor. We worked for over four months in providing background information on potential candidates, including an in-depth review of the eventual prosecutor, Luis Moreno Ocampo.

Development of Code of Conduct for Counsel appearing before the ICC

The IBA was asked to take the lead in facilitating the drafting of a Code of Professional Conduct for Counsel before the ICC. The ability of the IBA to consult 195 Bar Associations and Law Societies, non-governmental organisations and representatives from the Assembly of States Parties in the drafting ensured that this Code, uniquely, reflected the views of the international legal community and the different legal systems it encompasses. 

A year-long consultation process culminated in an IBA conference which brought together lawyers from 20 jurisdictions to discuss the Code.  The final draft was submitted to the Registrar in February 2003. 

Click here for: IBA draft Code and Commentary
French version of Code
Spanish version of Code

A Code of Conduct for Counsel was adopted at the most recent (Fourth) session of the ICC Assembly of States Parties.

IBA Consultations with the ICC

A series of other consultation meetings have been held between the Prosecutor, Registrar and the IBA leadership.  In addition, IBA experts have participated in seminars organised by the Registry on issues concerning defence counsel. The IBA has also been represented at NGO co-ordination meetings arranged by the Office of the Prosecutor (OTP) and the Registry.


ICC Discussions at IBA Conferences

The ICC and the work of the ad hoc tribunals have featured regularly at the IBA’s annual meeting and specialist seminars.

Luis Moreno Ocampo, then newly appointed as ICC Prosecutor, gave the keynote address at the IBA Conference in San Francisco, September 2003 and senior OTP staff have since spoken at our annual conferences.

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