CODE OF CONDUCT: fears that rules may hit victims' rights

Lawyers appearing before the International Criminal Court (ICC) in The Hague will face tough sanctions for misconduct, according to a recently released draft code of conduct.

However, there have been concerns expressed that the rigid provisions of the draft code may hinder victims' ability to group themselves.

Learning lessons from international courts in the former Yugoslavia and elsewhere, the code sets out strict rules on the remuneration of defence counsel - whose costs are met by the ICC itself.

At least 95% of its budget is likely to be spent on defence counsel's fees.

Lawyers at the ICC will not be permitted to approach potential new clients either directly or indirectly.

Solicitor Fiona McKay, director of the international justice programme at Human Rights First, said: 'It is quite right that counsel should not be able to solicit clients.

But it is going to be very important for victims to be able to organise themselves in a group.

A more flexible approach is needed for victims' lawyers.'

Disciplinary matters will be dealt with by a panel comprising four members appointed by the ICC registrar, and one lawyer chosen by the relevant national bar.

Mark Ellis, executive director of the International Bar Association (IBA), said: 'There had been a movement for an entirely separate entity to be responsible for disciplining defence lawyers, but it would have been difficult to have a stand-alone organisation working within the parameters of the ICC.

'This is a very good code, though it will undoubtedly need to be tweaked and amended.

But it still needs to deal with the issue of conflicts between the national disciplinary bodies and the ICC code.'

The ICC code incorporated drafts drawn up by the IBA and International Criminal Bar Association.

Rachel Rothwell