ETHICS BEFORE INTERNATIONAL CRIMINAL COURTS 28TH FEBRUARY & 1ST - PDF document

Tie Bar of Liège and the International Criminal Bar present ETHICS BEFORE INTERNATIONAL CRIMINAL COURTS 28TH FEBRUARY & 1ST MARCH 2013 LIÈGE (BELGIUM) With the fjnancial support from the Criminal Justice Programme of the European Union

I N T R O D U C T I O N E thical issues relating to the lawyers are one of the main and most important challenges that international criminal jurisdictions will have to face in the near future. Indeed, multiplication of these courts and the rising number of cases dealt show how these questions arise with a peculiar acuteness. Lawyers had to build a deontology of the profession based essentially on empirical ground as they were confronted to judicial practices coming from difgerent legal systems. Tie initiators of this conference pointed out the following observation: the resolution of ethical problems that arise before international criminal courts is, to a large extent, left to the practice of the courts before which the lawyers plead. One goal of the conference is to develop good ethical practices on the basis of existing international instruments and to sensitize participants - be they lawyers, members of the courts, judges or prosecutors – to the importance of ensuring these practices and the standards of ethics of which bars and lawyers in particular should be guards. In a transversal approach, will be discussed both ethical issues specifjc to the attorney (mandate, secrecy, ...) and ethical issues faced by difgerent actors in an international criminal trial. Tie fundamental nature of the questions envisaged transcend however the profession and is not only reserved to criminal lawyers or specialist of international law. Ethics is a matter of all lawyers because they are all concerned by ethical issues. Proceedings before international criminal courts is the hub of continental law traditions and those of common law, so that the presence of foreign actors (London, Paris, Tie Hague, Geneva, Barcelona) is likely to shed light to the whole subject. Answers to these ethical questions must not only be envisaged under the scope of the bar even an international bar. Tie questioning will be interdisciplinary thanks the presence of judges and difgerent members of international courts as member of the registrar of member of the prosecutor. ETHICS BEFORE INTERNATIONAL CRIMINAL COURTS Tiis is probably the fjrst time this topic is the subject of a seminar. With the fjnancial support from the Criminal Justice Programme of the European Union Tiis publication has been produced with the fjnancial support of the Criminal Justice Programme of the European Commission. Tie contents of this publication are the sole responsibility of the International Criminal Bar, and can in no way be taken to refmect the views of the European Commission. http://colloquebpi.barreaudeliege.be 2

P R O G R A M M E Tiursday, 28 February 2013 Opening ceremony and introduction to the Seminar 16h00 Reception of the participants 16h30 Welcome speech – Jean-Pierre Jacques 16h45 Opening speech by Luis del Castillo (Barcelona), President of the International Criminal Bar and by Eric Lemmens (Liege), Dean of the Bar of Liège. 17h15 Ethical issues before international criminal courts : the experience of the defense - Catherine Mabille (Paris) 18h00 Ethical issues before international criminal courts : the experience of victims’ counselors - Jean-Louis Gilissen (Liege) 18h45 End of the ceremony and reception at the Hôtel de Ville de Liège ETHICS BEFORE INTERNATIONAL CRIMINAL COURTS 20h30 Dinner with the speakers http://colloquebpi.barreaudeliege.be 3

P R O G R A M M E Friday, 1 st March 2013 Seminar 8h45 Reception of the participants 9h00 Presentation of the working schedules – Jean-Pierre Jacques Morning session under the presidency of the Dean Mr. Eric Lemmens 9h10 National and international deontology: how to coexist ? Pascal Vanderveeren (Brussels) 9h40 Tie International Criminal Bar’s position regarding ethics before International Criminal Courts - Luis del Castillo (Barcelona) 10h10 Ethics in international instruments : perspective regarding the International Criminal Court’s practice - Julie Goffjn (Brussels) 10h40 Cofgee break 11h00 Tie right to a fair trial and the article 6 of the ECHR in the proceedings before the International Criminal Court - Philippe Currat (Geneva) 11h30 Tie freedom of speech and the lawyer before international criminal courts - Pierre-François Docquir (Brussels) 12h00 Debates ETHICS BEFORE INTERNATIONAL CRIMINAL COURTS 12h30 Dinner break Afternoon session under the presidency of Mr. Jean-Pierre Jacques 14h00 Ethical issues before the ad hoc courts (ICTR et ICTY) - Iain Edwards (London) 14h30 Trials in absentia and the particular ities of the Offjce of the defense before the Special Tribunal for Lebanon - François Roux (Tie Hague) 15h00 Tie role and the work of the International Criminal Court disciplinary board - Aïcha Condé (Paris) 15h30 Cofgee break 16h00 Ethics in the relations between the Registrar and the Prosecutor of the International Criminal Court - Xavier-Jean Keïta (Tie Hague) 16h30 Tie view of the magistrate on ethical issues before international criminal courts - Christine Van Den Wyngaert (to be confjrmed) 17h00 Debates with panel discussion 17h45 End of work and closing ceremony 19h00 Cocktail dinner http://colloquebpi.barreaudeliege.be 4

P R E S E N T A T I O N O F T H E S P E A K E R S Aïcha Condé President of the Discipline Committee of the International Criminal Court, she is a lawyer at the Bar of Paris, where she was elected as Member of the Board for the fjrst time in 2004. After practicing for 7 years at the Bar of Fort de France, in Martinique, she chose to relocate in Paris, where she has been practicing since 1996, within a generalist fjrm with a predominance of Labor Law and International Criminal Law. Between 2000 and 2010 she was in charge of the defense of two accused before the International Criminal Tribunal for Rwanda (ICTR). Philippe Currat Mr. Philippe Currat is a lawyer at the Bar of Geneva and a PhD in Law. His doctorate thesis versed about the “Crimes against humanity within the statutes of the International Criminal Court” . He is the author of doctrinal studies and articles of International Humanitarian Law. In addition, he is member of the pool of Swiss experts for the promotion of the peace attached to the Federal Department of Foreign Afgairs, and was also legal adviser of the Special Court for Sierra Leone. Member of the International Criminal Bar (ICB) since 2009, he has been recently elected Secretary General of the ICB. Luis del Castillo Former Dean of the Bar of Barcelona, he started his career as a Constitutional Law lecturer at Universidad Central de Barcelona. He is a criminal lawyer and created his own fjrm in Barcelona in 1975. Honorary president of the Mediterranean Commission of the European Bar Federation (FBE), he has been recently reelected as President of the International Criminal Bar, a title fjrstly achieved in 2010. ETHICS BEFORE INTERNATIONAL CRIMINAL COURTS Pierre-François Docquir With the title “Tie freedom of expression within the World’s media network: proposals for a general theory of the right to access the privatized public space” , the doctoral thesis of Pierre-François Docquir demonstrated an implicit yet certain existence of a right to access privatized public spaces as a corollary of freedom of expression. Argued in January 2009, the thesis was awarded with the Alice Seghers award. Pierre-François Docquir was a post-doctorate researcher at the Perelman Center of Philosophy of Law of the ULB from 2009 to September 2012. He was a lectured of Fundamental Rights Law at the University of Mons. His works focus on European and Comparative Human Rights, namely on the freedom of expression and on the regulation of the media and the “new” media. He was a lawyer at the Bar of Brussels (2000-2004) and he is currently the Vice President of the “Conseil Supérieur de l’audiovisuel (CSA)” , the authority that regulates the audiovisual sector of Belgium’s French community. He is a member of the Writing Committee of the Magazine of the Information Technologies’ Rights. http://colloquebpi.barreaudeliege.be 5