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History
The International Criminal Defence Attorneys Association (ICDAA) was created in 1997 to give the defence visibility and a strong voice in the international criminal justice system. Subsequently, ICDAA joined forces with other key partners led by national bar associations from around the world to pioneer a movement that created the International Criminal Bar (ICB) in 2002.
ICDAA Chronology
The two main achievements of the ICDAA to date have been, first the inclusion of Rules 20 to 22 in the ICC Rules of Procedure and Evidence in 2000 and second the creation of the International Criminal Bar in 2002. These achievements resulted from a determined advocacy campaign that lasted six years. Below is a short overview of the process.
Phase 1: ICDAA Launch and Rome Statute
1997: A group of lawyers, from Canada , France , the Netherlands and the US created the International Criminal Defence Attorneys Association (ICDAA) headquartered in Montreal . The goals were to: (i) promote discussion and debate of defence issues and fair trial rights in international criminal tribunals; (ii) support lawyers practising before the ad hoc tribunals; and (iii) help build the institutions of the ICC.
1998: An ICDAA delegation proposed to the Rome Conference that an independent defence office, parallel to that of the Prosecution, be created in the ICC to protect defence independence. The vision was to create a defence pillar as strong and free standing as the ICC judiciary and prosecutor. However, the Rome Statute is completely silent as to the legal profession and institutional support for defence lawyers. The battle to achieve equality of arms still has some way to go.
Phase 2: ICC Rules of Procedure and Evidence
1999-2000: Intense advocacy for a defence office continued during the negotiations leading to the Rules of Procedure and Evidence of the ICC. These negotiations were held by the Preparatory Commission (PrepCom), which met at the United Nations. A small but influential group of countries (The Netherlands, Canada , Germany , and France) began to support the idea of creating a defence office in the ICC. Other nations, however, questioned whether the Rules could be used to establish a new office of the Court. A conference was held in The Hague to debate the issue.
July 2000: The UN PrepCom adopted the finalised draft Rules of Procedure and Evidence. Rule 20 marked a partial victory, but it did not establish an independent defence unit. Nevertheless, the independence of the legal profession was explicitly linked to fair trial rights, and the ICC Registrar was explicitly given responsibility for protecting the professional independence of defence counsel. The door was left open to create a semi-autonomous defence unit within the Registry and to create an international criminal bar. This was indeed a big step from the total silence of the Rome Statute - but much was left to do. (See Rules 20-22)
Phase 3: The International Criminal Bar
November 2000: A second conference was held in The Hague to discuss defence issues and how to implement the new Rule 20. A strong consensus emerged that an international criminal bar should be created to protect the independence of lawyers at the ICC. It was obvious, however, that this group was not broad and representative enough to create such a bar. Participants agreed to build a consensus that would encompass the main geographical areas of the world and the major legal systems. (The conference was sponsored by the ICDAA, a few Bars, Dutch Universities , and funded mostly by the Dutch government.)
Further discussions lead to the conclusion that a single bar was needed - including both defence lawyers and victims' lawyers. Two bars, one for the defence and another for the victims' representatives, would weaken the institution from the outset. The goal was to ensure that the legal profession could be made a full partner in the new criminal justice system created by the ICC and that it would have a strong voice.
December 2001: After a year of advocacy and organization, a larger conference convened jointly by the Paris Bar and the ICDAA was held in Paris . It was attended by more than 300 lawyers, including representatives from 110 Bars and 60 countries. The conference supported the pursuit of the idea of creating an international criminal bar for the ICC. A broadly representative steering committee was created and it was later proposed that Montreal , where ICDAA was based, would host the next meeting.
June 2002: After another six months of intensive effort and a decisive meeting of the steering committee in The Hague (May 2002), more than 350 people from forty eight states of all continents, including representatives of sixty eight international, regional and national Bars and associations of counsel, individual legal practitioners, and representatives of non-governmental organizations, attended the Montreal conference. They vigorously debated basic questions about the ICB, formed a consensus on the answers to those questions and unanimously voted to adopt a draft constitution as a basis for discussion. Most importantly, they declared
"The International Criminal Bar be and is hereby founded."
This declaration was unanimous. Agreement was reached that the Constitution should be finalized and the organization established by the spring of 2003.
March 2003: The first ICB General Assembly was held in Berlin (Germany) on 21-22 March, 2003. More than 400 attended, including delegates of Bars and Law Societies and representatives of NGOs from over 50 countries from the five continents. They elected the members of the first ICB Council and Executive Committee. The Assembly also selected Regional Coordinators for Asia , the Arab World, Sub-Saharan Africa, Latin America and the Caribbean.
July 2003: The ICB was established (with full legal status) on 22 July, 2003 under Dutch law. It has its statutory seat in The Hague (the Netherlands) but in its first year, the ICB Secretariat was hosted in Montreal (Canada).
Phase 4: Moving Forward
We have come from an institutional void to a set of institutional possibilities defined by Rule 20 of the ICC Rules of Procedure and Evidence. We have realized one of these possibilities by creating the ICB, with the ambitious mission of building the legal profession on an international level.
The process of creating the ICB has been transparent and open, encouraging a process of vigorous discussion and debate. The debate continues today since lawyers from many countries are involved and it takes time to listen to all voices. There is not a neat and perfect consensus on all issues. However, there is a broad consensus on the fundamental purposes and principles leading to the establishment of the International Criminal Bar and especially on the idea that a third pillar, that of the legal profession, is essential to ensure the legitimacy of the new international justice system.