Bringing fairness to international justice: A handbook on the International Criminal Court for defence lawyers in africa
Those who come before the International Criminal Court (ICC) are accused of the most serious crimes known to the international community. Nevertheless, such persons are entitled to a fair trial. Indeed, the grave nature of the allegations requires effective representation to prevent a perception of unfair targeting of individuals. Both fundamental human rights protections and political practice require fairness in administering justice in forums like the ICC.
One-sided attempts to prosecute war criminals can undermine efforts to resolve conflicts. Bringing the rule of law to post-conflict societies requires a public example of rule by laws rather than by vengeance and settling of scores. International criminal justice is only likely to be just, legitimate and sustainable to the extent that it is fair.
A competent and capacitated defence team is indispensible to fair and efficient investigations and trials. Although the role of the defence lawyer has been relatively neglected in international trials, there is now a greater understanding of the importance of good defence counsel to the ICC`s objectives.
This handbook hopes to increase the interest and capacity of African lawyers to engage constructively in public, political and professional debates about the ICC and its role in Africa, and to act as defence counsel. Because the ICC gives preference to national measures to investigate and try international crimes, any increased capacity on ICC related issues will also benefit national criminal justice systems in Africa.
About the author:
Jolyon Ford is a senior research consultant for the International Crime in Africa Programme (ICAP) at the Institute for Security Studies (ISS), Pretoria. A Zimbabwean educated at the University of Kwazulu-Natal, South Africa and Cambridge University, Ford is now with the Centre for International Governance and Justice, the Australian National University (ANU), Canberra, and a lecturer at the ANU College of Law.
The publication of this handbook was made possible through funding provided by the Open Society Initiative for Southern Africa (OSISA) and the Governments of Norway and the Netherlands.
