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

Tie Bar of Liège and the International Criminal Bar present

28TH FEBRUARY & 1ST MARCH 2013 LIÈGE (BELGIUM)

ETHICS

BEFORE INTERNATIONAL CRIMINAL COURTS

With the fjnancial support from the Criminal Justice Programme of the European Union

ETHICS BEFORE INTERNATIONAL CRIMINAL COURTS 2 http://colloquebpi.barreaudeliege.be

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. Tiis is probably the fjrst time this topic is the subject of a seminar.

I N T R O D U C T I O N

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

• f 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.

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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 20h30 Dinner with the speakers

P R O G R A M M E

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Friday, 1st 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 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 particularities 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

P R O G R A M M E

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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

• wn fjrm in Barcelona in 1975. Honorary president of the Mediterranean Commission
• f the European Bar Federation (FBE), he has been recently reelected as President of

the International Criminal Bar, a title fjrstly achieved in 2010.

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

• f Belgium’s French community. He is a member of the Writing Committee of the

Magazine of the Information Technologies’ Rights.

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

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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

Iain Edwards

Barrister in London since 2000, his practice is divided between National and International Criminal Law. He has worked within three defense teams before the International Criminal Tribunal for Rwanda. Recently, he was as legal adviser of the defense team of Jean Uwinkindin and has distinguished himself with opposing the transfer of the defendant before the Supreme Court of Justice of Rwanda. He is also one of the two lawyers of Victoire Ingabire, accused of ideological genocide and terrorism in her current process before the Rwandese jurisdictions.

Jean-Louis Gilissen

Lawyer at the Bar of Liège, legal representative of children soldiers before the International Criminal Court, lawyer of the propagandist of the “Radio Télévision libre of Mille Collines” Georges Ruggiu before the International Criminal Tribunal for Rwanda, he was aslo the deputy prosecutor of the East-Timor ad-hoc Court. In addition, he was also admitted as a counsel before the Special Tribunal for Lebanon.

Julie Goffjn

Lawyer at the Bar of Brussels since 1998, she intervened before the ICC as a case- manager in the Ngudjolo trial. Recently she set up a training course on International Criminal Law and International Criminal Procedure in the Bar of Brussels. Furthermore, she has also intervened at various Seminars regarding International Criminal Procedure. She is a member of the UIA where she is the coordinator of the Human and Defense Rights division. She is also the President of the Administrative Board of the NGO “RCN Justice et démocratie” .

Jean-Pierre Jacques

• Mr. Jean-Pierre Jacques is a lawyer at the Bar of Liège since 1999. In 2001, he was

in charge of International Law courses at HELMo, and in 2005 he was appointed as assistant at the Centre De Vischer for International and European Law at the Law Faculty of UCL. His teaching focuses mostly on Private International Law, International Armed Confmicts Law and Humanitarian International Law. In 2007 and in 2009 he organized two training sessions on Humanitarian International Law within the Bar of Liège. In 2010 he was elected to the Council of the ICB as a representative

• f the Bar of Liège, and in 2011 he was elected to the Board of said Bar. He usually

practices Immigration Law, Criminal Law and Private International Law.

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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

Xavier-Jean Keïta

• Mr. Xavier-Jean Keïta is a Mali national with Senegalese origins and has assumed his

position as Principal Counsel of the Public Offjce for the Defense in the International Criminal Court. He has been a lawyer for 22 years, fjrst at the Bar of Senegal and then before the Court of Appeal in Paris, at the Bar of Val de Marne, for over 19 years. He was a member of the Board of his Bar for 10 years. He was the President of the fjrst lawyers’ syndicate of France (Fédération Nationale des Unions de Jeunes Avocats). He was a member of the Conseil National des Barreaux of France. Internationally, he was the president of the Commission of Human Rights of the Association Internationale des Jeunes Avocats (AIJA) and was an active member of the Conférence Internationale des Barreaux francophones (CIB), of the CIFAF (Centre International de Formation des Avocats en Afrique) and of Afrique et Droit as a trainer of Human Rights and International Criminal Law.

Eric Lemmens

Elected Dean of the Bar of Liege in June 2011, he practices law since the 1st October

• 1984. Administrator of the Centre pour l’Egalité des Chances et la Lutte contre le

Racisme since 2002, he has also assumed the position of expert at the offjce of the vice- Prime Minister and Minister of Justice in 2003, as well as the position of legal adviser and expert at the offjce of the vice-Prime Minister and Minister of Labor, from 1999 to 2003. He is the author of various publications, notably within the context of Administrative Law and Money Laundering.

Catherine Mabille

• Ms. Catherine Mabille is a lawyer at the Bar of Paris, and, from June 2007, the counsel
• f Tiomas Lubanga, the sole accused and sentenced person before the International

Criminal Court. His process and appeal are currently underway. Catherine Mabille was the vice-President of Avocats Sans Frontières in France and has participated, in 1999, in the program “Justice For All” in Rwanda. After taking over the control of the Nigerian group of ASF under the goal of supporting the defense of those accused who had been sentenced to death, she was appointed for guaranteeing the defense of a mayor before the ICTR and also as counsel before the ICC.

François Roux

• Mr. Roux has practiced law for over 38 years. He is an honorary lawyer of the Bar of

Montpellier since he was appointed by the Secretary-General of the United Nations as Director of the Defense Department of the Special Tribunal for Lebanon in 2009. Since 1999 Mr. Roux represented several accused and suspects before difgerent international criminal jurisdictions, such as the ICTR and the ICC, and was the lawyer

• f Douch, before the Extraordinary Chambers of the Cambodian Courts. Mr. Roux

was equally a consultant in the American defense team responsible for representing Zacarias Moussaoui, following the attacks of the 11th September 2001.

Pascal Vanderveeren

Former Dean of the Bar of Brussels, he has this charge between 2007 and 2010. After being a member of the Council of the International Criminal Bar (2003-2007), he assumed the position of President for three years, until 2010. He is a member of the “Union International des Avocats” , of the International Bar Association and of the European Criminal Bar. His expertise in the area comes also from his membership

• f the Consulting Council of the ICTY as a representative of the Union Internationale

des Avocats since 1999, and also from his membership of the Discipline Appealing Council of the ICC.

8 http://colloquebpi.barreaudeliege.be

REGISTRATION FORM

e-mail : jp.jacques@avocat.be | fax n° : +32 (0)4 223 09 33

REGISTRATION IS COMPULSORY BEFORE FEBRUARY 20, 2013

• SURNAME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FIRST NAME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADRESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POSTAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COUNTRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TEL : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-MAIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JOB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registrate to the seminar on ethics before international criminal courts as :  barrister, judge, professor, lawyer : 200,00 €  trainee lawyer : 100,00 €  student : 50,00 € OBFG (French and German Bars Association) : 8 points of permanent training Registration fees includes : registration, registration, collection of documentation, cofgee breaks, lunch, cocktail diner on Friday, March 1 and simultaneous translation English-French Place : Conseil économique et social de la Région wallonne, salle Wallonie, rue du Vertbois 13c, 4000 Liège, Belgique - how to reach the place of the seminar http://www.cesw.be/index.php?page=acces I will participate :

• at the cocktail dinner on Friday March 1  YES -  NO
• to the guided city tour on Saturday March 2 at 11:00  YES -  NO

Date : Signature : Registration is compulsory before February 20, 2013 Bank account : ING - IBAN: BE406300 7854 1363 - BIC : BBRUBEBB Benefjciary : Ordre des avocats du Barreau de Liège, Palais de Justice, Place Saint-Lambert, 4000 LIEGE Communication : SURNAME + FIRST NAME + BPI SEMINAR Hôtel : Jala Hôtel, rue Jaspar, 2 à 4000 Liège - Tél. +32 (0)4 230 73 30 | Fax. +32 (0)4 230 73 31 Jala All Suites Hotel is set in the centre of Liège, 500 metres from Opéra Royal de Wallonie. It features an

• n-site fjtness centre and modern accommodation with free Wi-Fi and balconies.

Booking before February 8, 2013. Preferential rate (Single room: 115,00 € and double: 133,00 €) : code Colloque BPI. Booking with preferential rate is valid until February 8, 2013