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International Criminal Court Disciplinary Organs' Handbook

Fachbuch 2014 182 Seiten

Jura - Andere Rechtssysteme, Rechtsvergleichung

Leseprobe

Contents

Introduction
Legal basis
The Organs
The Commissioner
The Disciplinary Board
The Disciplinary Appeals Board
Future developments

Legal texts
Rome Statute of the International Criminal Court
Rules of Procedure and Evidence
Code of Professional Conduct for counsel
Rules and Procedures of the Disciplinary Board and the Disciplinary Appeals Board
Regulations of the Court
Regulations of the Registry

Preface

The ICC disciplinary regime for counsel is a widely unknown but challenging field of work of high importance not only for counsel appearing before the Court at the Hague but also for national bar associations and authorities being forced to appoint ad-hoc members for proceedings against their members due to alleged misconduct.

To provide these newcomers a first introduction in the ICC disciplinary regime together with the fundamental legal texts for their work this publications was written. Nevertheless it is hoped that it will prove useful to those who do not have access to online libraries during their work and also to those who do but would nonetheless value the convenience of a collection which may be kept readily to hand, too.

I am grateful to all those colleagues having contributed to this publication through expressing their views in discussions. In particular, I would like to thank my colleague Michaela Probst for her linguistic review and her insightful comments on substance.

Suggestions and remarks are welcome and may be addressed to the editor.

Introduction

Legal basis

While the legal fundament of the International Criminal Court was laid in the Rome Treaty of 17 July 1998 which entered into force on 1 July 2002 the Rome Statute does not include explicit regulations for counsel. Nevertheless the Rome Statute covers jurisdiction concerning offences against the administration of justice and misconduct before the court in Articles 70 and 71.

Already in September 2002 the Assembly of States Parties to the Rome Statute of the International Criminal Court agreed on Rules of Procedure and Evidence as an instrument for the application of the Rome Statute (ICC-ASP/1/3 and Corr.1). These rules define in more detail the role of the Registrar in the administration of counsel issues in absence of a bar as a self-administrating body for counsels. They also include regulations for a minimum qualification of the admitted counsels. In addition Rule 22.3 of the Rules of Procedure and Evidence states that counsels shall be subject also to a Code of Professional Conduct for Counsel, which was adopted by the Assembly of State Parties at the 3rd plenary meeting on 2 December 2005 by consensus.

The Code of Professional Conduct for Counsel applies to defence counsels, counsels acting for States, amici curiae and for counsels or legal representatives for victims and witnesses practicing at the International Criminal Court. It defines core principles of the legal profession and it includes obligations towards the client, the court and colleagues. In addition it establishes a disciplinary regime for counsel misconduct and regulates the legal framework and basic procedure of the disciplinary organs. Further details concerning the procedure before the disciplinary organs and organizational matters are included in the Rules and Procedures of the Disciplinary Board and the Disciplinary Appeals Board.

Additional provisions of relevance for the work of a counsel are included in the Regulations of the Court e.g. concerning the admission to and the removal from the list of counsel and the Regulations of the Registry e.g. concerning appointment of counsel and training.

The Organs

The International Criminal Court’s Disciplinary Organs are the Disciplinary Board, the Disciplinary Appeals Board and the Disciplinary Commissioner. They were established in accordance with Article 33.1, 36 and 44 of the Code of Professional Conduct for Counsel (ICC-ASP/4/32).

The Commissioner

The Commissioner is appointed for four years by the Presidency and shall be chosen from amongst persons with established competence in professional ethics and legal matters. A re-appointment is not possible but the Commissioner who is involved in an investigation when the mandate expires shall continue until conclusion.

The Presidency appoints an Alternate Commissioner in order to replace the Commissioner if and when he or she is unable to act and to act as an informal interlocutor to the Commissioner in order to support him or her in the performance of the duties. The Alternate Commissioner could be re-appointed for a second period.

The Commissioner is responsible for the investigation of complaints of misconduct of counsel transmitted by the Registrar. Complaints may be submitted by Chambers of the Court, the Prosecutor, the Registrar or any person or group of persons whose rights or interests may have been affected by the alleged misconduct.

The Commissioner shall forward the complaint to the counsel subject to the disciplinary procedure. The counsel is obliged to respond within sixty days indicating whether the alleged misconduct is or has been handled by a national authority. He has to indicate the identity of this authority and include a certified communication by the national authority stating the alleged facts of the disciplinary procedure. He or she may dismiss a complaint without any further investigation if he or she considers on the basis of the information provided that the alleged misconduct is unfounded in fact or in law. In this case the complainant shall be notified accordingly. Otherwise the Commissioner investigates counsel’s alleged misconduct and decides either to submit a report to the Disciplinary Board or to the procedure to an end.

He or she can go for an amicable settlement but has to report the outcome of such an effort to the Disciplinary Board, which may take it into consideration. Nevertheless an amicable settlement would be without prejudice to the competences and powers of the Disciplinary Board.

After submitting the report to the Disciplinary Board the Commissioner shall be called and heard. In exceptional cases the Commissioner my address the Chamber of the Court before which the respective counsel is appearing to declare a temporary suspension of the counsel.

The Disciplinary Board

The Disciplinary Board has three members, two of them permanent and one ad-hoc. The permanent members as well as an alternate member are elected for four years by all counsels entitled to practise before the Court. They shall be chosen from amongst persons with established competence in professional ethics and legal matters. The ad-hoc member is a person appointed by the national authority competent to regulate and control the activities of the counsel subject to the disciplinary procedure.

After the election and in advance of the first meeting of the newly-elected Disciplinary Board, the permanent and alternate members shall elect one of the permanent members as a chairperson. All members of the Disciplinary Board shall have the same rights and votes, decisions are taken by majority. An alternate member serving as a replacement for an unavailable permanent member on a case has the same rights and votes as the permanent or ad-hoc members. Unlike the permanent members the alternate member can be re-elected for a second period.

A Presiding member of the Disciplinary Board is appointed by the chairperson from the permanent members on a rotating basis. This member is responsible for the drafting of texts, resolutions and other documents required.

After the mandates expire the permanent and the ad-hoc members continue to deal with the cases they already started until these cases are finally determined including all appeals.

A staff member of the Registry is appointed by the Registrar to function as a secretariat.

Upon receipt of the Commissioner’s report with the accompanying documents it will be filed for registration with the Secretariat of the Disciplinary Board and be forwarded to all permanent members of the Disciplinary Board. The members shall treat all information confidential. All communication needs to be authenticated and if transmitted electronically it shall bear an electronic signature.

In a next step the Presiding member will call after consultation with the other members a first meeting to determine i.a. whether a disciplinary proceeding should be initiated or continued against the counsel or whether the disciplinary proceeding should be suspended due to an initiated procedure before the relevant national authority according to Article 38 of the Code of Professional Conduct for Counsel and on the processes to be followed.

After being directed accordingly by the Presiding member the Secretariat will inform the counsel that the matter is before the Disciplinary Board and provide a copy of the report and accompanying documents. The Secretariat will notify the counsel of a written decision that the instituted procedure should go forward. This notification constitutes a citation or summons to appear before the Disciplinary Board.

A reaction from the counsel, namely submissions, observations and other relevant documents shall be filed with the Secretariat within 30 days following the notification, while the disciplinary hearing shall take place no less than 40 days following the notification. In the ordinary course these documents are limited to 30 pages including titles, footnotes and quoted material.

Copies of any material are provided as soon as possible to all members hearing the matter and the Commissioner.

The disciplinary hearing shall be public. In case the Disciplinary Board decides otherwise the Presiding member shall give reasons for the decision. He or she shall ensure due process throughout the procedure. During the hearing the Commissioner and the counsel subject to the hearing shall be present. In addition the counsel may be represented. The hearing comprises the reading of the citation or summons to appear, hearing the witnesses of the Commissioner and other persons deemed useful by the Disciplinary Board, a possibility to reply for the counsel who may present witnesses and testify in his or her defence and the pleading. The counsel has the opportunity to speak last. It is possible to hear the matter in absence of the counsel. All members of the Disciplinary Board have to be present throughout the hearing. Deliberations are secret.

The decision of the Disciplinary Board is public and shall be reasoned and issued in writing. Any misconduct must be proven with clear and convincing evidence. Decisions are by majority vote and must be signed and dated by all members. The decision is registered with the Secretariat and is notified to the counsel, the Registrar und the Commissioner. Also participants affected by the disciplinary procedure shall be notified.

Possible sanctions for misconduct are enumerative but can be combined:

- admonishment (which may include recommendations)
- public reprimand with an entry in counsel’s personal file
- payment of a fine up to € 30.000,00
- suspension of the right to practise before the Court for a period not exceeding two years
- permanent ban on practising before the Court and striking off the list of counsel

If the decision is rendered in absence of the counsel he or she may apply to set it aside within 30 days from the date on which the counsel received notification of the impugned decision. A second decision in the same matter after an application to set a decision aside is deemed to have been rendered in an adversarial context even in absence of the applicant.

The Disciplinary Appeals Board

The Disciplinary Appeals Board has five members, three of them being judges of the Court appointed by the Presidency and two members (in addition to one alternate member serving as a replacement) elected for four years by all Counsel entitled to practise before the Court. The election takes place together with the election of the members of the Disciplinary Board.

All members of the Disciplinary Board shall have the same rights and votes, decisions are taken by majority. The judge who takes precedence among the three judges of the Court is the chairperson of the Disciplinary Appeals Board.

The staff member of the Registry being appointed as the Secretariat of the Disciplinary Board is also acting as the Secretariat of the Disciplinary Appeals Board.

The Commissioner and the sanctioned counsel have a right to appeal the decision of the Disciplinary Board on factual or legal grounds within 30 days from the day on which the decision has been delivered. The procedure corresponds to the procedure of the Disciplinary Board.

Future developments

After the short period passed and an only small amount of cases handled by the Disciplinary Organs up to now the regulations are still to be proven in everyday situations in investigating and sanctioning Counsel’s misconduct. Bearing in mind that situations may arise that can’t be handled properly with the existing regulations and procedures the Rules and Procedures of the Disciplinary Board and the Disciplinary Appeals Board include mechanism for amending the Rules and guidelines for filing of proposals to amend them.

Legal texts

Rome Statute of the International Criminal Court:

Articles 55, 67, 69-71

Rules of Procedure and Evidence

Code of Professional Conduct for counsel

Rules and Procedures of the Disciplinary Board and the Disciplinary Appeals Board

Regulations of the Court

Regulations 67-85

Regulations of the Registry

Regulations 122-149

Rome Statute of the International Criminal Court

Text of the Rome Statute circulated as document A/CONF.183/9 of 17 July 1998 and corrected by process-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The Statute entered into force on 1 July 2002.

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(a) Shall not be compelled to incriminate himself or herself or to confess guilt;

(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;

(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;

(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;

(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;

(c) To be tried without undue delay;

(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;

(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;

(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;

(h) To make an unsworn oral or written statement in his or her defence; and

(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.

2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.

Article 69 Evidence

1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.

3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.

4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.

5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.

6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.

7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:

(a) The violation casts substantial doubt on the reliability of the evidence; or

(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.

8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4. (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.

Article 71 Sanctions for misconduct before the Court

1. The Court may sanction persons present before it who commit misconduct, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence.

2. The procedures governing the imposition of the measures set forth in paragraph 1 shall be those provided for in the Rules of Procedure and Evidence.

Rules of Procedure and Evidence

The Rules of Procedure and Evidence are reproduced from the Official Records of the Assembly of States Parties to the Rome Statute of the International Criminal Court, First session, New York, 3-10 September 2002 (ICC-ASP/1/3 and Corr.1), part II.A.

Contents

Chapter 1. General Provisions

Rule 1 Use of terms

Rule 2 Authentic texts

Rule 3 Amendments

Chapter 2. Composition and administration of the Court

Section I. General provisions relating to the composition and administration of the Court

Rule 4 Plenary sessions

Rule 4 bis The Presidency

Rule 5 Solemn undertaking under article 45

Rule 6 Solemn undertaking by the staff of the Office of the Prosecutor, the Registry, interpreters and translators

Rule 7 Single judge under article 39, paragraph 2 (b) (iii)

Rule 8 Code of Professional Conduct

Section II. The Office of the Prosecutor

Rule 9 Operation of the Office of the Prosecutor

Rule 10 Retention of information and evidence

Rule 11 Delegation of the Prosecutor’s functions

Section III. The Registry

Subsection 1. General provisions relating to the Registry

Rule 12 Qualifications and election of the Registrar and the Deputy Registrar

Rule 13 Functions of the Registrar

Rule 14 Operation of the Registry

Rule 15 Records

Subsection 2. Victims and Witnesses Unit

Rule 16 Responsibilities of the Registrar relating to victims and witnesses

Rule 17 Functions of the Unit

Rule 18 Responsibilities of the Unit

Rule 19 Expertise in the Unit

Subsection 3. Counsel for the defence

Rule 20 Responsibilities of the Registrar relating to the rights of the defence

Rule 21 Assignment of legal assistance

Rule 22 Appointment and qualifications of Counsel for the defence

Section IV. Situations that may affect the functioning of the Court

Subsection 1. Removal from office and disciplinary measures

Rule 23 General principle

Rule 24 Definition of serious misconduct and serious breach of duty

Rule 25 Definition of misconduct of a less serious nature

Rule 26 Receipt of complaints

Rule 27 Common provisions on the rights of the defence

Rule 28 Suspension from duty

Rule 29 Procedure in the event of a request for removal from office

Rule 30 Procedure in the event of a request for disciplinary measures

Rule 31 Removal from office

Rule 32 Disciplinary measures

Subsection 2. Excusing, disqualification, death and resignation

Rule 33 Excusing of a judge, the Prosecutor or a Deputy Prosecutor

Rule 34 Disqualification of a judge, the Prosecutor or a Deputy Prosecutor

Rule 35 Duty of a judge, the Prosecutor or a Deputy Prosecutor to request to be excused

Rule 36 Death of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy Registrar

Rule 37 Resignation of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy Registrar

Subsection 3. Replacements and alternate judges

Rule 38 Replacements

Rule 39 Alternate judges

Section V. Publication, languages and translation

Rule 40 Publication of decisions in official languages of the Court

Rule 41 Working languages of the Court

Rule 42 Translation and interpretation services

Rule 43 Procedure applicable to the publication of documents of the Court

Chapter 3. Jurisdiction and admissibility

Section I. Declarations and referrals relating to articles 11, 12, 13 and 14

Rule 44 Declaration provided for in article 12, paragraph 3

Rule 45 Referral of a situation to the Prosecutor

Section II. Initiation of investigations under article 15

Rule 46 Information provided to the Prosecutor under article 15, paragraphs 1 and 2

Rule 47 Testimony under article 15, paragraph 2

Rule 48 Determination of reasonable basis to proceed with an investigation under article 15, paragraph 3

Rule 49 Decision and notice under article 15, paragraph 6

Rule 50 Procedure for authorization by the Pre-Trial Chamber of the commencement of the investigation

Section III. Challenges and preliminary rulings under articles 17, 18 and 19

Rule 51 Information provided under article 17

Rule 52 Notification provided for in article 18, paragraph 1

Rule 53 Deferral provided for in article 18, paragraph 2

Rule 54 Application by the Prosecutor under article 18, paragraph 2

Rule 55 Proceedings concerning article 18, paragraph 2

Rule 56 Application by the Prosecutor following review under article 18, paragraph 3

Rule 57 Provisional measures under article 18, paragraph 6

Rule 58 Proceedings under article 19

Rule 59 Participation in proceedings under article 19, paragraph 3

Rule 60 Competent organ to receive challenges

Rule 61 Provisional measures under article 19, paragraph 8

Rule 62 Proceedings under article 19, paragraph 10

Chapter 4. Provisions relating to various stages of the proceedings

Section I. Evidence

Rule 63 General provisions relating to evidence

Rule 64 Procedure relating to the relevance or admissibility of evidence

Rule 65 Compellability of witnesses

Rule 66 Solemn undertaking

Rule 67 Live testimony by means of audio or video-link technology

Rule 68 Prior recorded testimony

Rule 69 Agreements as to evidence

Rule 70 Principles of evidence in cases of sexual violence

Rule 71 Evidence of other sexual conduct

Rule 72 In camera procedure to consider relevance or admissibility of evidence

Rule 73 Privileged communications and information

Rule 74 Self-incrimination by a witness

Rule 75 Incrimination by family members

Section II. Disclosure

Rule 76 Pre-trial disclosure relating to prosecution witnesses

Rule 77 Inspection of material in possession or control of the Prosecutor

Rule 78 Inspection of material in possession or control of the defence

Rule 79 Disclosure by the defence

Rule 80 Procedures for raising a ground for excluding criminal responsibility under article 31, paragraph 3

Rule 81 Restrictions on disclosure

Rule 82 Restrictions on disclosure of material and information protected under article 54, paragraph 3 (e)

Rule 83 Ruling on exculpatory evidence under article 67, paragraph 2

Rule 84 Disclosure and additional evidence for trial

Section III. Victims and witnesses

Subsection 1. Definition and general principle relating to victims

Rule 85 Definition of victims

Rule 86 General principle

Subsection 2. Protection of victims and witnesses

Rule 87 Protective measures

Rule 88 Special measures

Subsection 3. Participation of victims in the proceedings

Rule 89 Application for participation of victims in the proceedings

Rule 90 Legal representatives of victims

Rule 91 Participation of legal representatives in the proceedings

Rule 92 Notification to victims and their legal representatives

Rule 93 Views of victims or their legal representatives

Subsection 4. Reparations to victims

Rule 94 Procedure upon request

Rule 95 Procedure on the motion of the Court

Rule 96 Publication of reparation proceedings

Rule 97 Assessment of reparations

Rule 98 Trust Fund

Rule 99 Cooperation and protective measures for the purpose of forfeiture under articles 57, paragraph 3 (e), and 75, paragraph 4

Section IV. Miscellaneous provisions

Rule 100 Place of the proceedings

Rule 101 Time limits

Rule 102 Communications other than in writing

Rule 103 Amicus curiae and other forms of submission

Chapter 5. Investigation and prosecution

Section I. Decision of the Prosecutor regarding the initiation of an investigation under article 53, paragraphs 1 and 2

Rule 104 Evaluation of information by the Prosecutor

Rule 105 Notification of a decision by the Prosecutor not to initiate an investigation

Rule 106 Notification of a decision by the Prosecutor not to prosecute

Section II. Procedure under article 53, paragraph 3

Rule 107 Request for review under article 53, paragraph 3 (a)

Rule 108 Decision of the Pre-Trial Chamber under article 53, paragraph 3 (a)

Rule 109 Review by the Pre-Trial Chamber under article 53, paragraph 3 (b)

Rule 110 Decision by the Pre-Trial Chamber under article 53, paragraph 3 (b)

Section III. Collection of evidence

Rule 111 Record of questioning in general

Rule 112 Recording of questioning in particular cases

Rule 113 Collection of information regarding the state of health of the person concerned

Rule 114 Unique investigative opportunity under article 56

Rule 115 Collection of evidence in the territory of a State Party under article 57, paragraph 3 (d)

Rule 116 Collection of evidence at the request of the defence under article 57, paragraph 3 (b)

Section IV. Procedures in respect of restriction and deprivation of liberty

Rule 117 Detention in the custodial State

Rule 118 Pre-trial detention at the seat of the Court

Rule 119 Conditional release

Rule 120 Instruments of restraint

Section V. Proceedings with regard to the confirmation of charges under article 61

Rule 121 Proceedings before the confirmation hearing

Rule 122 Proceedings at the confirmation hearing in the presence of the person charged

Rule 123 Measures to ensure the presence of the person concerned at the confirmation hearing

Rule 124 Waiver of the right to be present at the confirmation hearing

Rule 125 Decision to hold the confirmation hearing in the absence of the person concerned

Rule 126 Confirmation hearing in the absence of the person concerned

Section VI. Closure of the pre-trial phase

Rule 127 Procedure in the event of different decisions on multiple charges

Rule 128 Amendment of the charges

Rule 129 Notification of the decision on the confirmation of charges

Rule 130 Constitution of the Trial Chamber

Chapter 6. Trial procedure

Rule 131 Record of the proceedings transmitted by the Pre-Trial Chamber

Rule 132 Status conferences

Rule 132 bis Designation of a judge for the preparation of the trial

Rule 133 Motions challenging admissibility or jurisdiction

Rule 134 Motions relating to the trial proceedings

Rule 134 bis Presence through the use of video technology

Rule 134 ter Excusal from presence at trial

Rule 134 quater Excusal from presence at trial due to extraordinary public duties

Rule 135 Medical examination of the accused

Rule 136 Joint and separate trials

Rule 137 Record of the trial proceedings

Rule 138 Custody of evidence

Rule 139 Decision on admission of guilt

Rule 140 Directions for the conduct of the proceedings and testimony

Rule 141 Closure of evidence and closing statements

Rule 142 Deliberations

Rule 143 Additional hearings on matters related to sentence or reparations

Rule 144 Delivery of the decisions of the Trial Chamber

Chapter 7. Penalties

Rule 145 Determination of sentence

Rule 146 Imposition of fines under article 77

Rule 147 Orders of forfeiture

Rule 148 Orders to transfer fines or forfeitures to the Trust Fund

Chapter 8. Appeal and revision

Section I. General provisions

Rule 149 Rules governing proceedings in the Appeals Chamber

Section II. Appeals against convictions, acquittals, sentences and reparation orders

Rule 150 Appeal

Rule 151 Procedure for the appeal

Rule 152 Discontinuance of the appeal

Rule 153 Judgement on appeals against reparation orders

Section III. Appeals against other decisions

Rule 154 Appeals that do not require the leave of the Court

Rule 155 Appeals that require leave of the Court

Rule 156 Procedure for the appeal

Rule 157 Discontinuance of the appeal

Rule 158 Judgement on the appeal

Section IV. Revision of conviction or sentence

Rule 159 Application for revision

Rule 160 Transfer for the purpose of revision

Rule 161 Determination on revision

Chapter 9. Offences and misconduct against the Court

Section I. Offences against the administration of justice under article 70

Rule 162 Exercise of jurisdiction

Rule 163 Application of the Statute and the Rules

Rule 164 Periods of limitation

Rule 165 Investigation, prosecution and trial

Rule 166 Sanctions under article 70

Rule 167 International cooperation and judicial assistance

Rule 168 Ne bis in idem

Rule 169 Immediate arrest

Section II. Misconduct before the Court under article 71

Rule 170 Disruption of proceedings

Rule 171 Refusal to comply with a direction by the Court

Rule 172 Conduct covered by both articles 70 and 71

Chapter 10. Compensation to an arrested or convicted person

Rule 173 Request for compensation

Rule 174 Procedure for seeking compensation

Rule 175 Amount of compensation

Chapter 11. International cooperation and judicial assistance

Section I. Requests for cooperation under article 87

Rule 176 Organs of the Court responsible for the transmission and receipt of any communications relating to international cooperation and judicial assistance

Rule 177 Channels of communication

Rule 178 Language chosen by States Parties under article 87, paragraph 2

Rule 179 Language of requests directed to States not party to the Statute

Rule 180 Changes in the channels of communication or the languages of requests for cooperation

Section II. Surrender, transit and competing requests under articles 89 and 90

Rule 181 Challenge to admissibility of a case before a national court

Rule 182 Request for transit under article 89, paragraph 3 (e)

Rule 183 Possible temporary surrender

Rule 184 Arrangements for surrender

Rule 185 Release of a person from the custody of the Court other than upon completion of sentence

Rule 186 Competing requests in the context of a challenge to the admissibility of the case

Section III. Documents for arrest and surrender under articles 91 and 92

Rule 187 Translation of documents accompanying request for surrender

Rule 188 Time limit for submission of documents after provisional arrest

Rule 189 Transmission of documents supporting the request

Section IV. Cooperation under article 93

Rule 190 Instruction on self-incrimination accompanying request for witness

Rule 191 Assurance provided by the Court under article 93, paragraph 2

Rule 192 Transfer of a person in custody

Rule 193 Temporary transfer of the person from the State of enforcement

Rule 194 Cooperation requested from the Court

Section V. Cooperation under article 98

Rule 195 Provision of information

Section VI. Rule of speciality under article 101

Rule 196 Provision of views on article 101, paragraph 1

Rule 197 Extension of the surrender

[...]

Details

Seiten
182
Jahr
2014
ISBN (eBook)
9783656728689
ISBN (Buch)
9783656728672
Dateigröße
1.4 MB
Sprache
Englisch
Katalognummer
v278912
Note
Schlagworte
ICC International Criminal Court counsel misconduct international criminal law disciplinary procedure

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Titel: International Criminal Court Disciplinary Organs' Handbook