Fair Trials at International Criminal Tribunals: Examining the Parameters of the International Right to Counsel

By Kerr, Kate | Georgetown Journal of International Law, Summer 2005 | Go to article overview

Fair Trials at International Criminal Tribunals: Examining the Parameters of the International Right to Counsel


Kerr, Kate, Georgetown Journal of International Law


TABLE OF CONTENTS

I.   INTRODUCTION
II.  THE RIGHT TO COUNSEL IN INTERNATIONAL AD HOC
     TRIBUNALS
     A. Right to Counsel and Waiver Standard
     B. Assignment of Counsel
     C. Equality of Arms
     D. Right to Self-Representation
III. THE RIGHT TO COUNSEL AT THE SPECIAL COURT FOR SIERRA
     LEONE
     A. Right to Counsel and Waiver Standard
     B. Assignment of Counsel
     C. Equality of Arms
     D. Right to Self-Representation
IV.  THE RIGHT TO COUNSEL AT THE SPECIAL PANEL FOR SERIOUS
     CRIMES UNIT IN EAST TIMOR
     A. Right to Counsel and Waiver Standard
     B. Equality of Arms
V.   THE RIGHT TO COUNSEL IN FUTURE COURTS
     A. Right to Counsel as Currently Defined by International
        Criminal Proceedings
     B. Justification for Adhering to Right of Counsel Precedent
VI. CONCLUSION

I. INTRODUCTION

Crimes against humanity, war crimes, and genocide are international crimes. (1) Rape, torture, mass extermination, mutilation, abduction, and persecution are just some of the elements of the atrocity crimes recognized by the international community. (2) With the exception of the International Military Tribunal at Nuremberg and the International Military Tribunal for the Far East, government officials responsible for atrocity crimes in the past often avoided prosecution. (3) Those responsible for state-sponsored crimes against humanity, war crimes, and genocide have increasingly been brought to justice in recent years. In 1993, the international community drafted the statute for the International Criminal Tribunal for the Prosecution of Persons Responsible for Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia (ICTY), creating the first international tribunal since World War II in order to prosecute former regime leaders of Yugoslavia for crimes against humanity and war crimes. (4) Since the establishment of ICTY, the international community has also established an International Tribunal for Rwanda (ICTR), Special Panel for Serious Crimes Unit in East Timor (SCU), and Special Court for Sierra Leone (SCSL) to bring those responsible for atrocity crimes to justice. Ad hoc tribunals and hybrid courts (5) are fundamental in re-building nations ravaged by repressive regimes and represent an opportunity to transition to rule of law.

When the international community charges those responsible for atrocity crimes, trials must be fair. The tribunals should represent a model of justice independent and free from manipulation by the presiding government. The right to a fair trial is a basic human right. Article 10 of the Universal Declaration of Human Rights guarantees that "[e]veryone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal." (6) One of the primary tools used to safeguard the right to a fair trial is the right to counsel. Traditionally, common-law adversarial systems equated the right to counsel as one of the "constitutional safeguards of human life and liberty." (7) For example, the United States constitutionalized the right to "Assistance of Counsel" in its Sixth Amendment. (8) International conventions also recognize the right to counsel. Article 6 of the European Convention for the Protection of Human Rights guarantees the right to counsel "when the interests of justice so require." (9) Article 14(d) of the International Covenant on Civil and Political Rights (ICCPR) states that a person has a right

   to defend himself in person or through legal assistance of his
   own choosing; to be informed, if he does not have legal
   assistance, of this right; and to have legal assistance assigned to
   him, in any case where the interests of justice so require, and
   without payment by him in any such case if he does not have
   sufficient means to pay for it. (10)

Although the convention and covenant provide little guidance on the parameters of the right to counsel, they establish the right as a norm of international law. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Fair Trials at International Criminal Tribunals: Examining the Parameters of the International Right to Counsel
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.