International lawyers band together to form war crimes defence association

CRIMINAL COURT: 'integrity and independence' depend on proper defence representation

Lawyers from more than 80 law societies and bar associations have agreed to form the International Criminal Bar Association, which will provide legal representation for defendants before the International Criminal Court (ICC).

A recent conference in Montreal - including delegates from the Law Society, Bar Council, and Council of Bars and Law Societies of Europe (CCBE) - approved a framework constitution for the association.

The ICC formally came into existence last week, but prosecutions are not expected to start until 2003.

There has been wrangling over the association's form, and whether it should have regulatory powers.

It will not have Law Society-style powers, but the draft constitution says it will 'participate in regulating the activity of counsel before the court'.

Work on the detail - such as whether there will be a legal aid scheme - is under way, with a conference scheduled to be held in London this autumn to flesh out work done by the International Bar Association on formulating an ethical code for defence lawyers.

The ICC itself will determine the contents of the code.

Mark Ellis, the IBA's executive director, said it had been asked to undertake the project by a coalition supporting the ICC.

Malcolm Fowler, former chairman of the Law Society's criminal law committee, represented the Society in Montreal.

He said the integrity and independence of the ICC depended on there being a 'truly independent criminal bar'.

He added: 'The juggernaut is moving in the right direction but there is much work to be done.'

The US is expressing major doubts about the ICC.

Under President Clinton, it signed but did not ratify the treaty setting up the court, amid fears that its soldiers could face politically motivated prosecutions.

These concerns have resurfaced with a warning that the US could pull its soldiers out of Bosnia unless a resolution is found.

Neil Rose