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Parameters for IBA Monitoring of the International Criminal Court

The International Bar Association (IBA) has received a grant from the MacArthur Foundation for an ICC Monitoring and Outreach Programme. The IBA will use its unique position to support, promote and disseminate information about the International Criminal Court via its network of over 195 professional legal organisations and 30,000 individual members.

The IBA is aware of the complexity of the task facing the ICC in creating a new model for international criminal justice and of the high expectations under which it is operating. While at all times preserving its objectivity, the IBA will maintain close contact with the divisions of the Court. Where appropriate, it will seek the Court’s views and feed back information, from both its monitoring and outreach activities, which may be helpful to the divisions of the Court. In addition the IBA will seek input and provide information from, its monitoring activities to the general public, in particular those affected by conflicts in countries which are the subject of ICC investigations. Below is a description of some parameters which the IBA will refer to when implementing the monitoring aspect of the project.

The IBA’s monitoring of both the work and the proceedings of the Court will focus in particular on issues affecting the fair trial rights of the accused. The basic rights of the accused have been well established in different international instruments (specifically the International Covenant on Civil and Political Rights), in addition to case law derived from international human rights commissions and courts. The IBA will assess ICC pre-trial and  trial proceedings, the implementation of the 1998 Rome Statute, the Rules of Procedure and Evidence, and related ICC documents in the context of relevant international standards.

In conducting its work, the IBA will also refer to internationally accepted principles enshrined in various UN and other instruments (such as the 1990 United Nations Guidelines on the Role of Prosecutors, the 1985 Basic Principles on the Independence of the Judiciary and the 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power).

With regard to fair trial rights the IBA will take into account specifically:

• the right to be tried by a competent, independent and impartial tribunal
• the right to a public hearing
• the presumption of innocence
• the right to legal counsel
• the right to be present at the trial
• the right to equality of arms
• the right to have adequate time and facilities to prepare a defence
• the right to call and examine witnesses
• the right not to be compelled to testify against oneself
• the right to be tried without undue delay

The IBA’s monitoring work will not be limited to pre-trial and trial proceedings per se, but may also include ad hoc evaluations of legal, administrative and institutional issues which could potentially affect the impartiality of proceedings and the development of international justice.

The IBA will also monitor any significant developments in international humanitarian and human rights law, and international criminal law and procedure, which may result from the Court’s activities.

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