International Criminal
Defence Attorneys Association
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About Us

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Achievements

Created in 1997, the ICDAA - and its teams of volunteer experts - has made contributions in all three fields of its mission: court cases, international law and institution building. Our advocacy effort gathered momentum through these phases (See Chronology):

  • 1997-1998 : Launch of the organization and advocacy concerning the Rome Statute creating the ICC in July 1998.
  • 1998-2000 : Expansion of our international network and advocacy concerning the ICC Rules of Procedure and Evidence adopted in July 2000.
  • 2000-2003 : Leadership in the process of creating the first International Criminal Bar (ICB) in June 2002 and building its organization.
  • 2003-present : Strengthening the organization, supporting the ICB and advocacy on policy issues.

International Law, Standards and Institution Building - ICC Rules 20-22: In the 1997-2000 period, the ICDAA built visibility, highlighting to the governments involved in building the ICC that the role of defence lawyers and the legal profession had been forgotten. A determined advocacy campaign led to the adoption of Rules 20-22 of the ICC Rules of Procedure and Evidence, which formally recognized defence counsel and the legal profession as significant institutional partners in the ICC. The new rules also created the obligation for the court to safeguard the "professional independence" of defence counsel in a variety of ways, and recognized that defence independence was critical to the enforcement of a fair trial procedure. Rule 20 of the ICC rules opened the door to the possible role of an international bar and other representative legal associations in the ICC system (though not in the internal management of the court).

In the meetings that shaped the ICC Rules of Procedure and Evidence, the ICDAA also made submissions on a variety of issues relating to fair trial procedure, such as the right of accused persons to choose counsel, the right of lawyers to cross examine witnesses and proposing strict limits to the admissibility of anonymous testimony from witnesses.

The ICDAA's advocacy campaign, supported by partners from many countries, helped build the institutional foundation for a fair trial procedure at the ICC. The defence moved from anonymity to formal recognition by the court, and the role of defence lawyers in safeguarding the right to a fair trial was explicitly recognized.

Institution Building - International Criminal Bar: Inspired by the adoption of Rule 20, the ICDAA worked with bar associations and a network of government delegates to create an international consensus around the need to create the world's first International Criminal Bar.

A major organizational effort was required in order to build international cooperation and a degree of legitimacy. Lawyers and eventually national bar representatives from many countries attended a series of international conferences held in The Hague (November 1999-2000), Paris (December 2001), Montreal (June 2002) and Berlin (March 2003). These meetings were supported by bars and governments from the respective countries who formed the critical core of support. (See Chronology).

The Bar is a "work in progress" that continues to evolve. It has contributed to legal globalization by bringing together not only lawyers from different countries but also legal associations and bars from different legal systems and cultures (notably civil and common law countries). It also brings together defence and victims counsel, both of whom will take part in ICC cases. Finally, it has found a formula for allowing Non-Governmental Organizations (NGOs) to have a voice in the affairs of the bar. This provides an important ally for the global legal profession since NGOs have played a central role in designing the court.

Court Cases - Training for Defence Practitioners: Since 2003, the ICDAA has organized training programs in collaboration with internationally recognized lawyers, trainers and academics associated with institutions such as Université de Montréal in Canada , the University of Leiden in The Netherlands and the National Association of Criminal Defense Lawyers (NACDL) in the United States.

Our strategic aim is to recruit a leadership group of professors and experienced practitioners from many countries and legal traditions. We have started by taking small steps, offering five-day courses in The Hague (2003) and Montreal (2004), where academic partners could mobilize resources quickly.

The program is aimed specifically at defence practitioners who need to manage complex cases before the ICC and other international tribunals. It introduces participants to the new body of law, different from the law of any single nation, incorporated in the Rome Statute and the ICC Rules of Procedure and Evidence. It emphasizes the development of pleading, advocacy, team leadership and case management skills. A key element of context in the courses is the reality that cross-cultural teams will handle many ICC cases.