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Associations Of Defense Counsel—Development And Role

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Chapter Summary

The need for and the existence of defense counsels practicing before the International Tribunal is derived from Article of the Statute, which deals with the rights of the accused. The obligation for defense counsels to be members of such an association is what distinguishes the relationship between the defense and the organs of the International Tribunal from that which exists before all other existing international courts. The ADC-ICTY was officially created as non-profit organization established as an association under the law of the Netherlands. The main characteristics of this new system were that it was based on a lump-sum approach and that it included a form of penalty imposed on defense counsels whose cases lasted longer than expected. The ADC-ICTY also filed some amicus curiae briefs in relation to important issues raised in defense motions filed before the trial chambers and the Appeals Chamber although it was not very successful.

Keywords: ADC-ICTY; defense counsel



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