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Please note: It is of utmost importance to fully understand and properly follow

Please note: It is of utmost importance to fully understand and properly follow the instructions provided in the present guide, as incomplete or wrongly completed applications cannot be processed. Guide for applicants to the ICC List of Counsel and Assistants to Counsel Guide for applicants to the ICC List of Counsel and Assistants to Counsel Please note: It is of utmost importance to fully understand and properly follow the instructions provided in the present guide, as incomplete or wrongly completed applications cannot be processed. 3 Table of contents Table of contents The ICC Lists of Counsel and Assistants to Counsel 5 Admission criteria 6 1. List of Counsel 6 2. List of Assistants to Counsel 6 Application process 7 1. List of Counsel 7 2. List of Assistants to Counsel 7 3. Process of review of applications 9 4. Decision on refusal and right to review 9 Practicing before the ICC 10 1. Freedom of choice as a principle 10 2. Ad hoc counsel 10 3. Duty counsel 11 4. Other instances where counsel are appointed 11 Remuneration and support 12 1. The legal aid system of the Court 12 2. Administrative and logistical support 13 Sample application forms 16 1. Candidate application form for List of Counsel 16 2. Certificate of good standing for candidates to the List of Counsel 26 3. List of Counsel additional information form 27 4. List of Assistants to Counsel candidate application form 28 5. Certificate of good standing for candidates to the List of Assistants 36 4 5 The ICC Lists of Counsel and Assistants to Counsel The International Criminal Court (ICC) has a mandate to prosecute and punish persons responsible for the most serious crimes of concern to the international community. In so doing, its proceedings follow highest standards of due process and procedural fairness. The Rome Statute guarantees victims, accused persons and under certain conditions suspects the right to be assisted by counsel. As part of this aim, the Court endeavours to offer these individuals a pool of highly qualified counsel. Experienced lawyers who wish to represent defendants or victims as counsel before the Court must be admitted to the List of Counsel. Lawyers at an early stage of their career, as well as professors of law with relevant expertise, can apply for admission to the List of Assistants to Counsel. Every list member can express their preference, if any, to represent either defendants or victims or both. The ICC Lists of Counsel and Assistants to Counsel 6 Admission criteria Admission criteria 1. List of Counsel To be admitted to the List of Counsel, candidates must meet the following requirements: Competence: Candidates shall have proven competence and expertise in international or criminal law and procedure. Experience: Candidates must have a minimum of ten years of relevant experience in criminal proceedings as a judge, prosecutor, advocate or in other similar capacity. Professors of law meet this requirement only where they have intervened in criminal proceedings for a minimum of ten years in one of the capacities listed above; otherwise, they can be admitted to the List of Assistants. Language skills: Applicants must have excellent knowledge of and be fluent in at least one of the two working languages of the Court, namely English or French. Record of High Standing Required of the Profession: Candidates must not have been convicted of any serious criminal or disciplinary offence considered to be incompatible with the nature of the office of counsel before the Court. In cases where candidates have been the object of such a conviction, the Registrar will assess whether the imposed sanction is of a nature that impedes the candidate’s ability to act before the Court in accordance with the relevant provisions of the legal texts of the Court. Candidates in this situation are invited, at the time of submitting their applications, to provide the Court with a copy of each relevant decision, as well as any observations they wish to provide. 2. List of Assistants to Counsel To be admitted to the List of Assistants, candidates must meet one of the following two requirements: Five years of relevant experience in criminal proceedings: Lawyers who have insufficient experience to be admitted to the List of Counsel can provide very useful assistance to counsel in preparing and presenting the case before the Chamber. Specific competence in international or criminal law and procedure: The Court also seeks to allow counsel to receive the assistance of professors and other academic experts who have relevant expertise in international or criminal law. Even where these persons may have insufficient or no experience in criminal proceedings, their theoretical knowledge of the relevant law and jurisprudence makes them an invaluable asset to legal teams. 7 Application process Application process 1. List of Counsel The following documents must be submitted. All required forms must be downloaded and printed from the ICC website at www.icc-cpi.int. Samples of all forms can be found at the end of this Guide: 1. Candidate application form 2. Detailed curriculum vitae, allowing for appraisal of the candidate’s competence and experience 3. Certificate issued by the relevant authority of each State of which the person is a national or where the person is domiciled stating the existence, if any, of criminal convictions 4. Legible copy of birth certificate 5. Legible copy of identity card (where applicable) 6. Legible copy of passport/travel document 7. Two passport size photographs 8. List of Counsel additional information form 9. Certificate of good standing form The Registry will only accept this form. Documents provided by the national bar/ governing authority in lieu of this form will not be accepted. 10. Original or certified copy of registration with governing body 11. Valid copy of professional insurance policy (where applicable) 2. List of Assistants to Counsel 1. Candidate application form 2. Detailed curriculum vitae, allowing for appraisal of the candidate’s competence and experience 3. Certificate issued by the relevant authority of each State of which the person is a national or where the person is domiciled stating the existence, if any, of criminal convictions 4. Legible copy of birth certificate 5. Legible copy of identity card (where applicable) 8 Application process 6. Legible copy of passport/travel document 7. Two passport size photographs In addition to the six documents above, applicants who are either professors or have been called to the bar at the national level must also provide the following required documents as applicable: 8. Original or certified copy of the certificate issued by the bar association, profes- sional association and/or the controlling administrative authority with which you are registered; 9. For academics: An official letter issued by the institution where you are acting as an adjunct-, part-, or fulltime- professor, certifying your tenure and specialty as an instructor, and 10. Certificate of good standing form The Registry will only accept this form. Documents provided by the national bar/ governing authority in lieu of this form will not be accepted. 11. Valid copy of professional insurance policy. Candidates must submit by postal mail a duly completed application along with all required supporting documents as outlined above to the attention of the Counsel Support Section at the following address: ICC – Counsel Support Section P.O. Box 19519 2500 CM The Hague The Netherlands Candidates should address their questions ONLY to the ICC Counsel Support Section at Tel: +31 70 515 8787, Fax: +31 70 515 8555; e-mail: css.lists@icc-cpi.int All required application forms are available for download at: www.icc-cpi.int 9 3. Process of review of applications After the application is received, the Counsel Support Section within the Registry proceeds to a preliminary verification check for completeness. Complete applications are then transmitted to a three member evaluation panel of the Registry for assessment of the qualifications of the applicant in accordance with the admission criteria. Should the appraisers need additional information and explanations, they may revert back to the candidate. In practice, this can occur in the following non-exhaustive circumstances: - the information furnished by the candidate does not provide sufficient details about their competence in international/domestic criminal law and procedure; - the application of the candidate casts doubt on their (English or French) language skills, or - the applicant was the subject of disciplinary action, but no further documentation is provided. The panel adopts its resolutions by consensus, and communicates to candidates the appropriate decision. The Registry pursues a policy of prompt and diligent examination of all complete applications. In the ordinary course, the Registrar will deliver a decision on an application within a month after receipt. Incomplete applications will cause delays in processing and issuing of the ultimate decision. It is therefore imperative that interested candidates carefully read the application instructions and provide a complete application form along with all the requisite supporting documentation. 4. Decision on refusal and right to review Where an applicant is refused admission, he or she will be duly notified with sufficient details of the reasons for the refusal. The refusal letter will also highlight the right of the candidate to uploads/s1/ guide-for-applicants-to-the-icc-list-of-counsel-and-assistants-to-counsel.pdf