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Counsel Misconduct before the International Criminal Court

Professional Responsibility in International Criminal Defence

Till Gut (Autor)

Buch | Hardcover

372 Seiten

2012
Hart Publishing (Verlag)
978-1-84946-317-1 (ISBN)

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Inhaltsverzeichnis (PDF)

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This is the first comprehensive study of the law governing professional misconduct by defence lawyers before the International Criminal Court. The ICC's regulatory regime was introduced in response to instances of misconduct experienced by other international and domestic criminal courts. The book first turns to how the ICC's forerunners - the International Criminal Tribunals for the former Yugoslavia and Rwanda and the Special Court for Sierra Leone - coped with misconduct, often resulting in controversy. The book also looks at the approaches that have evolved in Germany and the United States, reflecting the different role of defence lawyers in the civil and common law criminal justice traditions.
The book offers a unique insight into the professional responsibilities of defence lawyers within the various international and national regimes. Offering practical guidance on disciplinary systems and other sanctioning mechanisms, it also explores the inherent tension at the heart of the defence lawyer's role: to ensure the human right to a fair trial we want them to be zealous advocates for their clients; at the same time we ask them to commit themselves as officers of the court.

Till Gut, formerly of the University of Cologne, is a lawyer in the extradition and mutual legal assistance unit of the German Federal Office of Justice.

Introduction
I. Common Professional Standards for Defence Lawyers before the ICC
II. Concepts of Professional Conduct, Professional Responsibility and Professional Ethics
III. The Various Types of Enforcement Mechanisms in Counsel Regulation
Chapter 1 The UN International Criminal Tribunals: ICTY, ICTR and SCSL
I. The UN Tribunals: Criminal Justice Steps onto the International Arena Again
II. Misconduct before the International Criminal Tribunal for the former Yugoslavia
III. Misconduct before the International Criminal Tribunal for Rwanda
IV. Misconduct before the Special Court For Sierra Leone
V. Conclusion on the UN Tribunals: Lessons to Learn
Chapter 2 The National Models: Germany and the United States
I. The Two National Models: Commonalities and Differences
II. Legal Responses to Misconduct: Germany
III. Legal Responses to Misconduct: United States
IV. A Comparative Assessment
Chapter 3 The International Criminal Court's System
I. The General Layout of the ICC System of the Regulation of Counsel
II. Specific Measures against Counsel Misconduct
III. A Comparison and Analysis of the Various Measures
IV. Defence Rights and their Impact on the Regulation of Counsel
V. Assessment of the ICC Regime
Chapter 4 The Relationships between the Different Regimes
I. The Concurrence of the ICC and National Jurisdictions
II. Enforcing Professional Discipline
III. Criminal Proceedings
IV. The Relationships of Sanctions within the ICC Regime
Conclusions on International Counsel and Misconduct
I. A Summary of the Study
II. Sanctioning Counsel and the Various Types of Enforcement Mechanisms
III. Misconduct and the Double Role of Counsel

Erscheint lt. Verlag	12.11.2012
Reihe/Serie	Studies in International and Comparative Criminal Law
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Gewicht	743 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	1-84946-317-4 / 1849463174
ISBN-13	978-1-84946-317-1 / 9781849463171
Zustand	Neuware