Facilities for defence counsel at the International Criminal Court (ICC) have improved following the first report into its operation by the International Bar Association (IBA), which highlighted deficiencies in their working conditions.

The report, produced in April, recorded complaints from defence counsel that access to the court itself was hampered by security arrangements and when they could access the building, they had no permanent office space in which to work or leave documents securely.


The Belgian lawyer appointed duty counsel for the first accused to be tried by the court cited the further problem of dealing with the volume of work unassisted, particularly in the limited time available.


The report also said there is a 'pressing need' to create a body to represent ICC defence counsel, so as to co-ordinate concerns and organise training. On other issues, it highlighted the problems in merging the civil and common law systems under which the ICC operates.


The IBA received funding from the MacArthur Foundation to monitor the ICC and Anne McMillan, the IBA's representative in the Hague, said that since publication of the report, the lawyer for Thomas Lubanga Dyilo, on trial from the Democratic Republic of Congo on charges of conscripting minors, now has a legal assistant, a pass to get into the court, and better facilities.


'The Office of the Prosecutor has a very large staff and facilities in the same building as the court, and it is important to ensure defence counsel have equality of arms,' she said.