ICC & ICL Programme Reports

Seeing justice through: long-term issues in international justice

The latest IBA’s ICC and ICL Programme report calls for greater attention to be paid to the human rights of persons tried and convicted, or acquitted, by international courts and tribunals, and urges states to provide increased cooperation to such courts. It is a summation of an eponymous roundtable discussion of experts held in October 2019 at the Peace Palace in The Hague, Netherlands. It summarises the input of the event’s participants, including judges, senior officials and staff of international courts and tribunals, diplomats, civil society and academics, and provides recommendations and future considerations. 

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Provisional release, release at advanced stages of proceedings, and final release at international criminal courts and tribunals

This report takes a comparative perspective and examines selected cases at the ICTR, ICTY and ICC to explore the theory and practice of these courts in relation to release at various stages of proceedings. The paper seeks to provide the basis for a discussion on how these courts interpret and apply their existing legal frameworks while highlighting the external factors that influence decisions on release. Furthermore, it examines the central importance of state cooperation in matters of release, and the extent to which low levels of cooperation can affect the individual and statutory rights of those detained. The report includes future considerations for release, specifically at the ICC, to encourage reflection on these important issues and strengthening of current practices.

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Legal Representation, Fairness and Access to Justice at Hybrid Tribunals and Specialised Chambers

The IBA’s ICL Perspectives report, ‘Legal Representation, Fairness and Access to Justice at Hybrid Tribunals and Specialised Chambers’, focuses on the important role of defence and victims’ counsel in ensuring fair trials and access to justice for victims at these institutions. In the context of the renewed relevance of hybrid tribunals and specialised chambers for the adjudication of international crimes, this report examines the structures and practices that have developed to support effective defence legal representation and victim participation, and sets out some of the future considerations for legal representation at these institutions. The report draws on examples taken from hybrid tribunals and specialised chambers including the Special Tribunal for Lebanon, the Extraordinary Chambers in the Courts of Cambodia, the Extraordinary African Chambers in Senegal and Uganda’s International Crimes Division.

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