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Representing the "General Interests of the Defence": Boon or Bane? – A Stocktaking of the System of ad hoc Counsel at the ICC

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This article seeks to assess the impact of the system of ad hoc counsel on the fairness of proceedings before the International Criminal Court. The authors begin by outlining the legal framework governing the appointment of ad hoc counsel, and then consider in greater detail the various investigative and pre-trial stages in which ad hoc counsel have been appointed. The authors further seek to identify the various issues which have arisen as a result of individual ad hoc counsel's conduct before the Court. Finally, they consider what impact the system of ad hoc counsel can have upon the fairness of subsequent trial proceedings, and what future developments in the system could promote the fairness of the overall proceedings before the Court.

Affiliations: 1: Attorney at Law; Senior Partner, Becher & Dieckmann Rechtsanwaelte, Bonn, Germany; 2: Attorney at Law, Göttingen, Germany


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