Defence Counsel Immunity at the Ad Hoc Tribunals

Defence Counsel Immunity at the Ad Hoc Tribunals International Criminal Law Review 11 (2011) 869–890 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181211X603176 brill.nl/icla International Criminal Law Review Defence Counsel Immunity at the Ad Hoc Tribunals Krit Zeegers * Doctoral Researcher, University of Amsterdam Amsterdam, Th e Netherlands Abstract Th e Statutes of the ad hoc Tribunals grant prosecutorial staff functional immunity, which aims to protect them against undue interference by states. Defence counsel, however, is not mentioned. As a result, it is unclear if counsel enjoy any such protection, and if so, what shape or form this may take. While the ad hoc Tribunals’ Statutes are silent on this matter, the arrests of defence counsel in Croatia and Rwanda have forced the ICTY and ICTR to address this omission, which has gener- ated a body of case law that will provide the starting point for this article. Th e diff erent decisions can be classifi ed into three distinct approaches, which will accordingly be scrutinized. Th is article will advocate a principled approach to defence counsel immunity, consisting of functional and personal immunity, as well as a principled approach to the waiver thereof. Th is will both ensure the necessary protection of an eff ective http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Defence Counsel Immunity at the Ad Hoc Tribunals

International Criminal Law Review, Volume 11 (5): 869 – Jan 1, 2011

Loading next page...
 
/lp/brill/defence-counsel-immunity-at-the-ad-hoc-tribunals-OG040gd67C
Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/157181211X603176
Publisher site
See Article on Publisher Site

Abstract

International Criminal Law Review 11 (2011) 869–890 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181211X603176 brill.nl/icla International Criminal Law Review Defence Counsel Immunity at the Ad Hoc Tribunals Krit Zeegers * Doctoral Researcher, University of Amsterdam Amsterdam, Th e Netherlands Abstract Th e Statutes of the ad hoc Tribunals grant prosecutorial staff functional immunity, which aims to protect them against undue interference by states. Defence counsel, however, is not mentioned. As a result, it is unclear if counsel enjoy any such protection, and if so, what shape or form this may take. While the ad hoc Tribunals’ Statutes are silent on this matter, the arrests of defence counsel in Croatia and Rwanda have forced the ICTY and ICTR to address this omission, which has gener- ated a body of case law that will provide the starting point for this article. Th e diff erent decisions can be classifi ed into three distinct approaches, which will accordingly be scrutinized. Th is article will advocate a principled approach to defence counsel immunity, consisting of functional and personal immunity, as well as a principled approach to the waiver thereof. Th is will both ensure the necessary protection of an eff ective

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2011

Keywords: FAIR TRIAL; PERSONAL IMMUNITY; EQUALITY OF ARMS; FUNCTIONAL IMMUNITY; AD HOC TRIBUNALS; DEFENCE COUNSEL

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off