Do international criminal courts sufficiently enable defence
counsel to conduct an effective defence? When the ad hoc Tribunals
for the former Yugoslavia and Rwanda were set up in the
mid-nineties to prosecute those responsible for serious violations
of international humanitarian law, little thought had been given to
how to organize the defence. The Statutes and Rules of Procedure
and Evidence were rather concise on the right to legal assistance
and the role of the defence in proceedings. Simply assigning one
counsel per accused was at first deemed sufficient. However, as the
first trials got under way, it became apparent that more assistance
was necessary to safeguard fair proceedings. This book is the first
integral analysis which deals with the position of the defence in
the international criminal courts. It pays particular attention to
the sui generis character of international criminal proceedings and
explores the critical areas that amount to an effective defence,
including a proper legal aid system, access to competent legal
assistance, equality of arms between the defence and the
prosecution, sound standards of professional conduct and an
effective right to self-representation. The book is highly
recommended to those working in (international) criminal law, such
as practitioners, academics, policymakers and all others interested
in this new and still developing area of international law. Dr
Jarinde Temminck Tuinstra carried out her research project on
defence counsel in international criminal law at the University of
Amsterdam and as a visiting researcher at Yale University after
which she started working as a criminal defence attorney.
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