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Legal Assistance of Counsel

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Chapter Summary

The right to defend himself in person or through legal assistance of his own choosing is another fundamental right of an accused. This provision of Article 14 of the ICCPR was incorporated in Article 21 of the ICTY Statute, Article 20 of the ICTR Statute, and Article 17 of the SCSL Statute. Pursuant to Article 21 (4)(b) and (d) of the Statute the accused is entitled to legal assistance of his own choosing. The assignment of co-counsel is not a matter involving the legal right of the accused to be represented by counsel of his own choosing. One of the limits to the accused?s choice is a conflict of interest affecting his counsel. The Registrar?s decision to permit or deny assignment of counsel under Rule 45 of the Rules in the ?interests of justice? involves both questions of law and fact.

Keywords: ICCPR; ICTR Statute; ICTY Statute; legal assistance; Registrar; SCSL Statute

10.1163/ej.9789004163386.i-912.51
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