IRANIAN BAR ASSOCIATION
NEWSLETTER(Page 2)
Main Index
Index:

  * The letter of Human Rights Institute of the International Bar Association (IBAHRI) to Iranian judiciary
  * 3rd Annual IBA Bar Leaders' Conference
  * Membership in International Bar Association - IBA
  * International Bar Association members visit the International Criminal Court
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  * The letter of Human Rights Institute of the International Bar Association (IBAHRI) to Iranian judiciary


His Excellency Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice,

Park-e Shahr
Tehran
Islamic Republic of Iran
25 February 2008

Dear Minister,
Re: Execution by stoning of sisters Zoreh and Azar Kabiri-niat

We are writing on behalf of the Human Rights Institute of the International Bar Association (IBAHRI) in connection with the proposed execution of Zoreh and Azar Kabiri-niat.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its member organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

We understand that Zoreh and Azar Kabiri-niat were arrested on 4 July 2006 and charged with having illicit relations. The two sisters, as well as three other individuals, were found guilty of illicit relations after a trial in March 2007 and sentenced to flogging. Zoreh Kabiri-niat was also sentenced to five years in prison for allegedly ‘forming a centre of corruption’.

Reports received by the IBAHRI indicate that after the floggings had been carried out, new charges relating to the same incident were brought against Zoreh and Azar for ‘committing adultery while being married’. After a second trial relating to this incident in August 2007, the two women were found guilty of committing adultery and sentenced to death by stoning. Both girls have denied the offence, however the guilty verdict is reportedly attributed, in part, to the judge’s ‘knowledge’ of their guilt based on statements made by Zoreh and Azar whilst under interrogation.

An appeal was lodged on behalf of Zoreh and Azar on the grounds that both women denied the offence and Islamic law requires a confession of adultery by the accused, four times before the judge. Both women claim such a confession never occurred. The appeal was rejected by the Supreme Court judges, who confirmed the verdict of death by stoning. Zoreh and Azar’s lawyer has argued that the case and appeal were flawed on the grounds that a person cannot be tried and sentenced twice for the same crime; that the circumstances required to find someone guilty of adultery under Islamic law had not been proven; and that there are no legal grounds to impose a sentence of death by stoning.

We are therefore concerned that the passing of this sentence may be in contravention of Iran’s obligations under domestic and international law.

Under Article 14 of the International Covenant of Civil and Political Rights (ICCPR) to which Iran is a state party, no one shall be tried or punished again for an offence for which he has already been finally convicted. Further, everyone convicted of a crime has the right to his conviction and sentence being reviewed by a higher tribunal according to law. Under Article 6 of the ICCPR it is also stipulated that, where the death penalty is imposed, certain procedural guarantees must be observed. These include the right to a fair hearing by an independent tribunal, the presumption of innocence, the minimum guarantees for the defence, and the right to review by a higher tribunal. Furthermore, the Economic and Social Council’s Safeguards Guaranteeing Protection of the Rights of those facing the Death Penalty, endorsed by the UN General Assembly in 1984, upholds that punishment may be imposed only when the guilt of the person charged is based upon clear and convincing evidence leaving no room for an alternative explanation of the facts. If the reports received by the IBAHRI are correct, we are concerned that the guilty verdict in this case may not have been based on conclusive evidence and may be in breach of international standards relating to a fair trial.

Furthermore, whilst States are not required to abolish the death penalty, they are obliged to limit its use. The United Nations Human Rights Committee General Comments on Article 6 of the ICCPR uphold that states are obliged to abolish the death penalty for all ‘other than the most serious crimes’. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has stated that the death penalty should be eliminated for actions relating to moral crimes such as adultery and the UN Commission on Human Rights has stated that it should not be imposed for non-violent acts such as sexual relations between consenting adults.

With regard to the manner of execution, Iran's Penal Code dictates that when carrying out executions by stoning, the stones are large enough to cause pain, but not large enough to kill the victim immediately. Article 104 states that, with regard to the penalty for adultery, the stones used should ‘not be large enough to kill the person by one or two strikes; nor should they be so small that they could not be defined as stones’. It also prescribes that women should be buried up to their breasts.

It has been argued that executions of this nature contravene the right to freedom from cruel, inhuman and other degrading treatment. Article 9 of the Safeguards Guaranteeing Protection of the Rights of those facing the Death Penalty states that, where capital punishment occurs, it shall be carried out so as to inflict the minimum possible suffering and any application of particularly cruel or inhuman means of execution, such as stoning, should be stopped immediately. In 2002, the head of the Iranian judiciary, Ayatollah Shahroudi, ordered a moratorium on execution by stoning. It is reported that the first executions by stoning since this moratorium was introduced were carried out in July 2006 and July 2007, respectively, and were subsequently dismissed as ‘a mistake’ by the Iranian authorities.

If the death sentence is upheld, we would therefore like to remind you of the rights of Zoreh and Azar under Article 7 of the ICCPR and Article 5 of the Universal Declaration of Human Rights (UDHR) which specify that no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. Further, Article 38 of the Constitution of the Islamic Republic of Iran states that all forms of torture for the purpose of extracting confession or acquiring information is forbidden, compulsion of individuals to testify or confess is not permitted and any testimony or confession obtained under duress is inadmissible. Article 14 of the ICCPR similarly maintains that Zoreh and Azar should not to be compelled to testify against themselves or to confess guilt.

As it appears that the trial in which the two girls were sentenced did not comply with the obligations laid out under Article 14 of the ICCPR then we would like to request that the sentence of death is overturned and Zoreh and Azar are retried in accordance with international standards. We would also like to receive your assurances that, if the sentence of death is upheld, it will be carried out so as to inflict the minimum possible suffering and will not be carried out in public or in any other degrading manner. Finally we would like to draw your attention to UN Resolution 2005/95 which calls on all state parties to the ICCPR that have not yet done so to consider acceding to or ratifying the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty.

We would like to receive your assurances that our concerns will be investigated as a matter of urgency and that the rights of Zoreh and Azar Kabiri-niat will be upheld in accordance with the laws of Iran and Iran’s obligations under international law. We look forward to your urgent response.

Yours sincerely,
Justice Richard Goldstone
Ambassador Emilio Cárdenas
Human Rights Institute Co-chairs

CC: Mr Rasoul Movahedian, Embassy of the Islamic Republic of Iran
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  * 3rd Annual IBA Bar Leaders' Conference

Dear Colleague

The IBA is delighted to announce that it is hosting its 3rd Annual Bar Leaders' Conference , presented by the Bar Issues Commission of the International Bar Association and supported by the Netherlands Bar Association. It will be held at the Park Plaza Victoria Hotel in Amsterdam , the Netherlands on 14 - 15 May 2008.

DELEGATE DAY RATE: £225

You can register for the conference by filling in the programme and sending it back to Sibylle Duell at the International Bar Association (details are on the programme). If you require any further information please contact Elaine Owen or Sibylle Duell at the International Bar Association by Tel; +44 (0) 20 7691 6868; Fax; +44 (0) 20 7691 6545 or by email; elaine.owen@int.bar.org or sibylle.duell@int-bar.org

Topics include:

Privelege v professional secrecy - cross-border implications
Skills transfer in developing jurisdictions
Promoting and defending the Rule of Law - the role of bar associations
Religious and secular laws: mutual respect or mutual suspicion?
The image of ethics in the legal profession - does the public understand our core values?
The conferences in 2006 and 2007 were a great success with circa 150 delegates in attendance, debating and discussing the many challenges facing bar leaders across the globe.


Listed representatives of the IBA member organisations will also be invited to attend the IBA mid-year and Council meetings on 16 - 17 May at the Barbizan Palace hotel.

Best wishes,
Alejandro Ogarrio,
Conference Chair, Chair, Bar Issues Commission

for additional information:
www.ibanet.org/conferences/Third_Annual_Bar_Leaders_Conference
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  * Membership in International Bar Association - IBA

Dear Mr ...

Thank you for your recent letter advising us of the change in the Bars in Iran. I believe that the Union of Iranian Bar Associations would be entitled to become a full member of the IBA.

Full membership of the IBA would entitle your organisation to appoint an IBA Councilor who will receive all papers prepared for the IBA Council and all other papers prepared for our member organisations.

You will have the opportunity to comment on issues of current interest to the legal profession for which the IBA is developing a view that will reflect that of the profession worldwide and your Councillor will have the right to vote in Council.

You would also be able to attend the IBA General Meeting and vote. A further advantage of attendance at the IBA Council is that it gives the opportunity to mingle with Bar Leaders from around the world and discuss matters of common interest.

Further benefits of membership offered to our full members include:
- The opportunity to nominate your Councillor/representative as a Bar Association Representative to serve on the IBA management committee
IBA Publications

- A listing of your organisation on the IBA Website and in the Directory of Members
- A copy of the Member Organisations Handbook
- The Opportunity to Propose your country/city to host an IBA conference

- Contributing views and comments on issues of current interest to the legal profession through a vote in Council, at the General Meeting and through IBA publications

- Networking with fellow Bar Leaders at IBA meetings to discuss matters of common interest
- Enhancing the education of lawyers belonging to the Bar Association or Law Society by using the variety of educational facilities available; IBA website, publications and conferences

- Making use of the IBA’s global network of expertise through it’s Directory of Members, in which Member Organisations automatically receive a listing

- A membership certificate which states the date when the organisation was incorporated into the IBA
- Placing the text “a Member Organisation of the International Bar Association, the global voice of the legal profession“ on stationery

- Signing up to the Memorandum of Understanding, a series of goals to be achieved by both the IBA and the Member Organisation
- Access to the new Global Distance Learning Programme.

The IBA is always ready to support it Member Organisations, e.g., in circumstances where undue pressure is brought to bear on an association by the authorities.

To apply for organisational membership of the IBA, the following information id required:

- Background information about your organisation (its creation, history, objectives of work)

- A copy of your constitution or other rules

- The names and addresses of your President, Senior Officer and other Officers; and

- Payment of the annual dues (an invoice will be sent upon receipt of your application, if preferred).

- General contact details of your association, president and councillor. Including the number of members in your association. This information is vital to the correct allocation of voting rights and membership fees.

The IBA Council will next meet ... and a decision will be made at this meeting (if all the paperwork has been received) on whether your organisation is to be admitted as a full/sustaining member of the International Bar Association.

...
Yours sincerely,
Sibylle Duell
Member Organisations Administrator
2004

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The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies.

The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world.

It has a membership of 30,000 individual lawyers and more than 195 bar associations and law societies spanning all continents. It has considerable expertise in providing assistance to the global legal community.

Grouped into two divisions
– the Legal Practice Division and the Public and Professional Interest Division
– the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information.

Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of business law around the globe.

Additionally, the IBA’s high-quality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.

The IBA’s Bar Issues Commission provides an invaluable forum for IBA member organisations to discuss all matters relating to law at an international level

The IBA’s Human Rights Institute (HRI) works across the Association, to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide

Other institutions established by the IBA include the Southern Africa Litigation Centre and the International Legal Assistance Consortium

The IBA works towards these objectives through three main areas of activity:
- Services for individual lawyer members through its Divisions, Committees and Constituents
- Support for activities of Bar Associations and in particular, developing bars
- Support of human rights for lawyers worldwide

International Bar Association grouped, sections and committees
Legal Practice Division (LPD)

Sections and Committees of LPD:

Antitrust and Trade Law Section
- Antitrust
- Global Forum for Competition and Trade Policy
- Trade and Customs Law

Corporate Law Section
- Business Organisations
- Closely Held and Growing Business Enterprises

Criminal Law Section
- Business Crime
- Criminal Law

Dispute Resolution Section
- Arbitration
- Consumer Litigation
- Litigation
- Mediation
- Negligence and Damages

Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL)
- Environment, Health and Safety Law
- International Construction Projects
- Mining Law
- Oil and Gas Law
- Power Law
- Water Law

Financial Services Section
- Banking Law
- Capital Markets Forum
- Insurance
- Investment Funds
- Securities Law

Human Resources Section
- Discrimination Law
- Employment and Industrial Relations Law
- Immigration and Nationality Law

Insolvency, Restructuring and Creditors’ Rights Section (SIRC)
- Insolvency Restructuring and Creditors’ Rights

Intellectual Property, Communications and Technology Section
- Art, Cultural Institutions and Heritage Law
- Communications Law
- Intellectual Property and Entertainment Law
- Media Law
- Space Law
- Technology Law

International Sales, Franchising and Product Law Section
- International Franchising
- International Sales
- Product Law and Advertising

Law and Individual Rights Section
- Family Law
- Human Rights Law
- Indigenous Peoples
- Medicine and the Law

Leisure Industries Section
- Leisure Industries

Maritime and Aviation Law Section
- Aviation Law
- Maritime and Transport Law

Public Law Section
- Public Law

Real Estate Section
- Real Estate Law

Taxation Section
- Individual Tax and Private Client
- Taxes

Corporate Counsel Forum
(membership open to Corporate Counsel only)
- Corporate Counsel Forum

Regional Fora
(can be joined individually without LPD membership) Asia Pacific Regional
- African Regional Forum
- Forum
- Arab Regional Forum
- European Regional Forum
- Latin American Regional Forum
- North American Regional Forum

Public and Professional Interest Division (PPID)
Constituents and Sub Constituents

Academics and Professional Development Committee Training Course
(not open to membership)

Anti-Corruption Committee
Corporate Social Responsibility Committee
Forum for Barristers & Advocates
Judges’ Forum
Law Firm Management Committee
Law Firm Management Advisory Group
Legal Professional and World Organisations Committee
Multi-Disciplinary Practices Committee
Presidential Task Force on The Rule of Law
Pro Bono and Access to Justice Committee
Professional Ethics Committee
Anti-money Laundering Legislation
Implementation Working Group Client Protection
Publications Committee
Senior Lawyers’ Committee
Women Lawyers’ Interest Group
Young Lawyers’ Committee

Human Rights Institute
Bar Issues Commission
Bar Issues Commission Policy Committee

IBA Charitable Trust IBA Foundation Inc
Trust Chair, Julia Onslow-Cole Foundation President: Philip F Zeidman

In 2006 the IBA set up the Charitable Trust, which replaced the IBA Educational Trust as our main UK Charity. The Charitable Trust has a broadened scope, covering amongst other things education, human rights projects, and the provision of relief for lawyers experiencing hardship (such as those affected by the Asian Tsunami in 2004).

Objects of the Trust from the Trust Deed
a) To advance education in the law throughout the world for the benefit of
the public;
b) to promote research into commonly encountered legal problems and to
disseminate the useful results of such research for the benefit of the public;
c) to promote human rights (as set out in the universal declaration of human
rights and subsequent united nations conventions and declarations)
throughout the world by all or any of the following means:

d) to promote the relief of financial hardship or distress either generally or
individually of lawyers, their widows, widowers and other dependents
and employees.

The Foundation is a US-based charitable foundation, created in 1986 to engage in a wide variety of educational and charitable activities related to advancing the rule of law. While the Foundation was created by members of the International Bar Association, and works closely with the IBA and other
organisations affiliated with the IBA, it is an independent entity
whose mandate permits it to support a broad range of law related undertakings.

In carrying out its mission, the Foundation interacts with the IBA, the Charitable Trust and supports other legally-related projects not associated with IBA programmes. The Foundation provides financial support for approved charitable projects, typically coupling it with the contribution of time and expertise by the Foundation and by individual IBA members.

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Benefits of IBA Membership

People
Whether you are looking to develop business or to strengthen connections in your own and other countries, the IBA provides a cost-effective forum to help you do so. The IBA is the perfect place to form a wider view on issues affecting the industry, size up possibilities for correspondent relationships or mergers, or reassess their strategy by debating issues with their peers.
Information
The IBA is the world’s largest international resource centre. Legal experts in every specialisation add regularly to our global library of articles and papers, made available to members through specialist publications both in print and online.
Learning
Each year some 30 events are staged around the globe, from specialist events that address numerous areas of practice, to the highlight of the legal calendar, our Annual Conference attracting up to 3,000 delegates. Expert practitioners and leading representatives from government and regulatory bodies present extensive programmes – where participants can get actively involved in discussion and debate.

The content and style of all our conferences and publications are designed by lawyers for lawyers – dialogue is the key, ensuring the sharing of practical experience, resulting in increased educational value.

Attending an IBA Conference is a great way to fulfil your CPD/CLE requirements. (Please see individual conference programmes for details of participating Bar Associations/Law Societies)

Support
The IBA’s Human Rights Institute (HRI) was established in 1995 under the honorary presidency of Nelson Mandela. It works to promote, protect and enforce human rights under a just rule of law, and welcomes members from all areas of practice.

For further reasons to join to the IBA, and to see what some of our existing members say about the Association, please click here.

The Membership Package
Membership Directory
Gain instant access to a network of over 30,000 lawyers worldwide through our multi-search, online Membership Directory.

Interactive website
Gain unrestricted access to the vast online library of legal resources and the online membership directory.

Quickly and simply manage and renew your membership, register for conferences and update your personal details via the My IBA area of our website.

Keep abreast of current international legal events through access to our Global Competition Forum Website, Anti-Money Laundering Website and International Rule of Law Directory.

Conferences
Receive discounted rates at all IBA events as well as the online CLE sessions.

Journals and newsletters
Learn the latest developments in international law through the IBA’s flagship magazine International Bar News, its specialist journals: Business Law International; Competition Law International; Construction Law International; Convergence and the Journal of Energy and Natural Resources, and its Committee newsletters.

E-news bulletin
Receive the monthly e-news bulletin, providing the latest news from the international legal arena

Books
Receive discounts on the many books published by the IBA covering a wide range of subjects

IBA Special Offers
Members can take advantage of extensive discounts across a range of leisure and industry services, including Law Business Research publications, The Grange Hotel group and T.M Lewin to name a few.

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Bar Issues Commission

The BIC is the 'home' of Bar Associations in the IBA. It is also open to individual members with an interest in bar and law society issues. Full details of the BIC can be found in the BIC handbook.

Message from the Chair
Welcome to the BIC web pages. The BIC has come a long way in two years and I am delighted to be able to report that our second annual conference in Zagreb was an enormous success. Indeed, planning for the 3rd Annual Bar Leaders' Conference to be held in May 2008 in Amsterdam is already well under way.

The Bar Issues Commission supports the activities and interests of the IBA’s Member Organisations by providing a forum for discussion on issues of common interest and, through its Policy Committee, proposes resolutions and guidelines for approval which are of relevance to Member Organisations.

The Bar Issues Commission holds an Annual Conference in May of each year, presents programmes at Annual Conferences on issues of particular interest to Member Organisations, has resource pages for its members (see below) and provides an e-newsletter for its members.

Finally, I encourage you to use the BIC e-newsletter to communicate with your fellow bar associations and law societies. This is your newsletter for you, so we want all of you to be involved in providing feedback and content. Please feel free to send any newsworthy items, thoughts, suggestions etc. to Sibylle Duell (Sibylle.duell@int-bar.org) at the IBA office in London.
With best wishes, I look forward to seeing you in Singapore.

Alejandro Ogarrio
Chair, Bar Issues Commission

Membership
The Bar Issues Commission's by-laws provide for Member Organisations who have paid their subscription to the Association to appoint up to three Members of the BIC free of charge. Such Members should, if possible, be individual Members of the IBA, but this is not a requirement. The by-laws encourage Member Organisations to ensure there is continuity in those persons appointed and that those persons have relevant experience with the Member Organisation.

The by-laws also allow individual Members of the IBA to join the BIC upon payment of the annual dues.
Governance, Officers and Policy Committee
Resources

Conferences
•        3rd Annual Bar Leaders, Conference, Amsterdam 14-15 May 2008
•        2nd Annual Bar Leaders' Conference, Zagreb, 16-17 May 2007.
•        1st Annual Bar Leaders' Conference, London, 24 - 26 May 2006.

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Benefits of membership of the IBA for Bar Associations and Law Societies include:

- Membership of BIC (free of charge), plus an opportunity to nominate 3 representatives within the BIC and three to PPID Constituents (Access to Justice, Client Protection, Professional Ethics)*

- attendance at IBA Conferences at member rates for the BIC and PPID nominated representatives*
- A listing in and access to the on-line Member Organisation Directory
- access to papers and other resources relevant to Member Organisations

- Enhancing the education of lawyers belonging to the Bar Association or Law Society by using the variety of educational facilities available; IBA training programmes, intern programme, distance based learning programme and IBA website, publications and conferences

- receipt of BIC e-news
- Invitation to and networking at BIC and IBA Conferences seminars and social events
- Invitation to BIC business meetings and BIC Policy Committee meetings

- Input into formation of IBA policies which affect the legal community worldwide, e.g the establishment of an International Code of Ethics.
- The opportunity to nominate your Representative as a Bar Association Representative to serve on the IBA management committee

- The opportunity to propose your country to host an IBA Conference
- Placing the text “a Member Organisation of the International Bar Association, the global voice of the legal profession“ on stationery

- Support from the IBA at any time at which the Association is under undue pressure by the authorities or is experiencing difficulties.

*Member Organisations who have paid their subscription to the Association can appoint up to three Members of the BIC free of charge and three members (who may be the same or different individuals) of PPID Constituents (Access to Justice, Professional Ethics and Client Protection), providing for a total of up to six representative members.

All six officially listed representative members of Bar Association or Law Society members can attend IBA conferences at IBA member rates.

The President and one other nominated representative are invited to sit on the IBA Council and discuss and vote on resolutions that can affect the legal profession worldwide

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Information on Admission of Member Organisations to the International Bar Association [Extract from the IBA Constitution]

Eligibility for Organisational Membership
3.1        Any National Organisation shall, subject to Article 3.8, be eligible to become a Full Member Organisation.

3.2        Any organisation of members of the legal profession which:
3.2.1        is not a National Organisation, or
3.2.2        has been declined admission as a Full Member Organisation in terms of Article 3.8, or
3.2.3        is a regional organisation,
        shall be eligible to become a Sustaining Member Organisation subject only in the case of 3.2.1 and 3.2.2 to written approval of all National Organisations, if any, in the country concerned which are admitted as Full Member Organisations.

3.3        Any organisation which was admitted to full organisational membership prior to 1 September 1986 shall continue as a Full Member Organisation even though no longer being a National Organisation as defined in Article 2.11.

3.4        Any organisation, association, partnership, corporation or grouping of members of the legal profession created primarily but not necessarily exclusively for the purpose of exercising and conducting their profession shall not be eligible to become a Member Organisation

Admission as a Member Organisation
3.5        Any organisation wishing to apply for admission as a Member Organisation shall make application to the Association in writing accompanied by:
3.5.1        A copy of its Constitution or other rules and a summary of the background, history and objectives of the organisation;
3.5.2        the names, addresses, telephone and fax numbers and e-mail addresses (if any) of its president, senior officer and other officers;
3.5.3        a certificate signed by an officer of the applicant stating the number of the applicant’s own members; and
3.5.4        payment of the annual dues for the then current year.

3.6        The Council may require any additional information necessary to judge the qualifications of the applicant for membership.

3.7        As soon as practicable particulars of the application shall be furnished to all Full Member Organisations (if any) in the country of the applicant and their views sought within a reasonable specified time limit as to the qualifications of the applicant with respect to membership.

3.8        Should there be, in the opinion of the Council, in any one country more than one National Organisation with competing claims to represent in that country the interests as a whole of the members of the profession or of the branch of the profession concerned, as the case may be, the Council may decline to admit to membership as a Full Member Organisation an applicant from that country whose claim is, in the opinion of the Council, inferior to that of a competing organisation in that country, whether or not the competing organisation has already been admitted as a Full Member Organisation.

3.9        Particulars of every such application (accompanied by any views expressed in accordance with the preceding paragraph) shall be either provided to Councillors as part of the agenda for a meeting of the Council or forwarded to all Councillors inviting them, within a reasonable specified time limit, to vote upon such application by mail ballot. Where the application is for admission as a Full Member Organisation, the particulars shall include an opinion as to the eligibility of the applicant for such membership, such opinion to be given by a credentials committee to be appointed by the Council from time to time for this purpose.

3.10        An applicant shall be admitted to membership if such application shall have been approved by the affirmative vote of two-thirds of the members of the Council voting.

3.11        An applicant for admission as a Full Member Organisation whose application has been rejected shall not thereby be debarred from applying again if it is able to bring evidence of changed circumstances or new facts which would, in the opinion of a credentials committee, justify a new application.


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The IBA Council

Council meeting dates:
Singapore: Thursday 18th October 2007
Council Agenda (3 parts can be downloaded here. Refer to iba site: www.ibanet.org)

Amsterdam: Saturday 17th May 2008
Buenos Aires: October 2008 (date to be confirmed)
Mid Year 2009 date and venue to be confirmed
The IBA Council is the governing body of the International Bar Association. It elects the IBA President, Vice President and Secretary-General; proposes, debates and passes resolutions; and receives reports from all IBA Divisions. When the IBA speaks, it does so as a truly international organisation which has given a fair hearing to all points of view from members representing small or developing bars countries as well as the larger ones so all organisations can find a voice on an international stage.

The Council’s membership comprises up to two representatives (IBA Councillors) of each Member Organisation, the present and immediate past IBA Officers, the three senior Officers of each Division and their immediate past Chairs, Deputy Secretary Generals (DSGs), Chairs of all the IBA Standing Committees, Honorary life members and Honorary life Presidents. At the Council meeting each national/regional law society or bar association has the opportunity to discuss issues and problems facing its own organisation’s members.

The Council meets twice each year, once during the IBA midyear meetings (usually in May), and again during the IBA Annual Conference in September/ October of each year.

Although it is the governing body of the IBA, the Council delegates the day-to-day running of the Association to a Management Board comprising four IBA Officers (President, Vice President, Secretary-General and Treasurer), Division representatives and three IBA Councillors elected by the Member Organisations. The Management Board meets three times a year and is concerned with matters of administration and management. Matters of policy are raised for the attention of the Council. Click here for the rules for election of Member Organisation representatives to the Management Board.

The role of the Councillors
The IBA Councillors are the key liaison between the IBA and their bar association/ law society. Up to two Councillors must be appointed by the President of the Bar Association. Generally we encourage the Councillors to be of a senior status within their own organisation and it is worth bearing in mind the level of time and commitment the role can involve

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How to Join the IBA
Joining the IBA couldn’t be easier. The whole process will take just a few minutes and the information below will guide you through the joining process. If you would like to pay online, please have your credit or debit card ready. You can also pay offline by cheque, bank transfer or credit card.
Refer to www.ibanet.org to downloading the Membership Application Form.
Who is eligible for IBA membership?

Members of the legal profession including attorneys, counsellors, solicitors, barristers, advocates, members of the judiciary and professors of law are all eligible to apply for membership of the IBA.

Group Membership allows firms to obtain full membership for all their lawyers with one single annual payment. Firms who choose this membership package are entitled to a range of special Group Membership benefits. For further details, please contact the Membership Department at
member@int-bar.org or call the IBA office on tel: +44 (0)20 7691 6868.

Please note that we are no longer accepting Group Membership applications for 2008. If you would like to register your interest for 2009 contact Sam Bayes at sam.bayes@int-bar.org.

Individual Membership
Two types of individual membership packages are available - Full Membership and General Membership. By entering a few details, e.g. your area of practice or country of residence, we will select the membership package that suits you best.

Full IBA Membership:this includes membership of the IBA, LPD and PPID (with one free Committee in LPD, one free Constituent in PPID and one free Regional Fora)
Standard rate £205
* Discount rate £123

General IBA Membership:
this includes membership of the IBA and the PPID (with one free constituent in PPID and one free Regional Fora)
Standard rate £105
* Discount rate £63

Discounted Membership:
A 40% discount is available for full time academics, judges, government lawyers, retired lawyers and lawyers from low income countries.
2. Select Additional Committees, Constituents and/or Fora

IBA activities are primarily driven by members who group together in Committees or Constituents based on practice areas and specialist interests. Additional Committees and Constituents can be joined at a cost of £20 each.

Please note that if you opt for General IBA Membership, you are only entitled to join additional Constituents within the PPID (with the exception of the Regional Fora in the LPD). Should you, as a General IBA member, want to join a Committee within the LPD, you will need to change your membership to Full IBA membership.

3. Processing your Membership

Your application will be processed within 10 working days of the membership period commencing. Please allow up to a further four weeks for the delivery of your membership pack which includes you membership card and current IBA publications and information.
Please note that the membership year runs from 1 January to 31 December in any given year.
If you have any queries about IBA membership, please contact our Membership Department at member@int-bar.org or call the IBA office on tel: +44 (0)20 7691 6868.

***********************
Memorandum of Understanding
Between the IBA and its Member Organisations

One of the fundamental pillars of the International Bar Association (IBA) is the network of member Bar Associations and Law Societies. Representing 195 Law Societies and Bar Associations in 190 countries, the IBA is clearly the global voice of the legal profession.

As part of its continuing effort to be a “Centre of Excellence”, the IBA strives to assist members of these Law Societies and Bar Associations in developing and improving the legal services to the public, while at the same time improving the profession’s organisation and status.

To accomplish these goals, the IBA must rely on the active participation of Bar Associations and Law Societies in making the IBA relevant to their members. In the spirit of strengthening the partnership between the IBA and its member Bar Associations and Law Societies, this Memorandum of Understanding (MOU) sets forth a series of goals to be achieved by both parties.

- The IBA agrees to work with interested Bar Associations and Law Societies to develop sustainable on-the-ground Continuing Legal Education programmes.

- The IBA agrees to create a series of educational programmes at the IBA annual meetings and mid-year Council meetings directed at Bar Leaders.

- The IBA agrees to work with interested Bar Associations and Law Societies in creating joint funding projects directed at improving the independence and education of lawyers and judges in their respective countries.

- The IBA agrees to initiate an Educational Certificate Programme designed to increase the professional competence of lawyers, particularly member lawyers of developing Bars and Law Societies.

- The IBA agrees to organise a forum at IBA annual meetings and mid-year Council meetings between the IBA Executive Director and Bar Leaders to discuss relevant issues.

- Member Bar Associations and Law Societies agree to specific goals of increasing individual membership to the IBA.

- Member Bar Associations and Law Societies agree to appoint, as their Councillors, individuals who will actively promote the IBA to their constituents.

- Member Bar Associations and Law Societies agree to appoint, as their Councillors, individuals who they will encourage to become individual members of the IBA.

- Member Bar Associations and Law Societies agree to ensure that their Councillors report regularly on IBA Council meetings and events to their constituents.

- Member Bar Associations and Law Societies agree to consider publishing a regular “IBA News Column” in their Association/Society member bulletin aimed at educating members on cutting edge legal issues and developments (eg WTO, MDPs etc).

****************************************
IBA Officers

Ensure your voice is heard by joining colleagues from around the globe as a member of the International Bar Association (IBA) – the most recognised international organisation for debate and discussion on issues that impact on both global and domestic legal markets.

Whether you are working in private practice, academia, government or the corporate world, membership of the IBA guarantees your input in discussions on domestic and cross-border legal issues and offers you the unique opportunity to further your professional education within an international context.

Grouped into three Sections – Business Law, Legal Practice and Energy & Natural Resources Law – more than 60 specialist Committees, Forums and Interest Groups provide members with instant access to a global network of fellow lawyers dealing with the same or similar issues.

Preliminary Nomination for Candidates
Call for Preliminary Nomination for Candidates for the positions of:
- IBA Officers (President, Vice President, Secretary General)
- Legal Practice Division (LPD Officers - President, Vice President, Treasurer)
- 18 LPD Council Members
- Public and Professional Interest Division (PPID Officers - President, Vice President, Treasurer)
- 12 PPID Council Members
This is a Preliminary Call for the nomination of candidates for election in the positions listed above to serve in IBA.

The new Constitution contemplates collapsing the present structure within the IBA of 3 Sections into a new grouping which is called the Legal Practice Division. The work of the Bar Associations and other public and professional interest matters will become the business of a second division called the Public and Professional Interest Division. Each division will have its own Officers and Councils with elected members.

When making a recommendation for a candidate please consider only nominating a person who knows and is known within the IBA and knows the IBA structure. The nominated person should also be prepared and willing to travel to IBA events throughout the year. Under the rules that apply for this election, candidates must be proposed by at least two full Member Organisations or two past Presidents or two members of any of the Councils of the Association or of any of its Sections.

Each proposal must be accompanied by a short one-page curriculum vitae (sent in electronic and hard copy format) of the candidate, accompanied by a letter of consent written by the candidate nominated for an Officers position. If you know of a suitable candidate please send details to the IBA as soon as you are able with a copy of the CV in electronic version to elaine.owen@int-bar.org.


GUIDELINES FOR IBA MEMBER ORGANISATIONS

IBA Councillor –
Your organisation must elect an IBA Councillor and advise the IBA as soon as possible of this person’s contact details (see paragraph below).

The IBA Councillor is the liaison between your Bar Association/ Law Society and the IBA. All relevant information will be sent to this person at the address specified under IBA Councillor in the contact details form and it is their responsibility to ensure it is distributed to the members of the association or the relevant officer, e.g. the President.

For example, you may wish to send a copy of Council Agendas to your President to keep them informed also. This allows the IBA to use its resources as effectively as possible, limiting wasted and multiple mailings, for example. For this reason it is most important that the IBA is kept informed of the correct address and contact details for the Councillor and of any changes to these details.

The IBA Councillor is also the designee for voting on behalf of your organisation at the IBA Council Meetings and will act as the first point of contact for the IBA should any issues arise. The IBA staff and the Councillor are encouraged to build a solid relationship and communicate effectively on all matters.

IBA Representative –
If your organisation is a Sustaining Member Organisation your organisation must elect an IBA Representative and advise the IBA as soon as possible of this person’s contact details. The role is the same as that of IBA Councillor with the exception of voting rights as sustaining member organisations do not have voting rights.


HRI Liaison Officer –
The Liaison Officer acts as point of contact for the IBA within the Member Organisation. This individual will receive our intervention letters, press releases and notices about special projects. We ask that the Liaison Officer pass on this information to any relevant colleagues or contacts within their country. The Liaison Officer may also be contacted by the IBA regarding events in their home country.

Contact Details and Mailings –
With a growing number of Member Organisations to administrate it is vital for the London office that there is effective communication between us and the Member Organisations on an ongoing basis. As there are also financial consideration to be taken into account Agendas and other documentation are currently sent to the IBA Councillor who is expected to disseminate them to any relevant parties in his/ her Bar Association (i.e. if someone other than the Councillor who is in receipt of the Agenda or other documentation is attending a Council meeting on his/ her behalf it is the Councillors responsibility to ensure the documents are supplied to this person).

Unfortunately, due to the size of many of our documents it is not always possible to send them electronically, however we will always do our best to ensure these important documents are received by all Councillors. However, the IBA Council Agenda will be posted on the website, www.ibanet.org and will be available for you to download in advance of the conferences/ Council Meetings taking place.

We will regularly send you contact details forms which can also be copied at your end so that they can be quickly filled in and sent back to us should a change arise. It is your responsibility to ensure that the addresses are correct and legible and that we are clearly informed of the mailing address to which you, as Councillor, wish any mail to be sent.

If you provide us with a residential or business address other than that of the Bar Association we would appreciate your making it clear to us which one you wish the mail to be sent to. In such a large database it can be difficult to maintain the flexibility one would like, hence it is important that we are kept advised at all times. We appreciate your efforts in helping us to help you.

for futher information:
www.ibanet.org
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  * International Bar Association members visit the International Criminal Court

ICC President Philippe Kirsch welcomes Justice Richard Goldstone to the Court. © ICC-CPI

International Bar Association members visit the ICC
The Hague, 16 May 2008

ICC-CPI-20080516-PR312-ENG

Today, the International Criminal Court (ICC) welcomed senior members of the International Bar Association (IBA) to the seat of the Court, to establish closer contacts and enhance dialogue with bar associations across the globe, consistent with the aims of the Strategy of Counsel currently under development by the ICC’s Registry.

ICC President Philippe Kirsch received the visitors headed by Justice Richard Goldstone, the IBA Human Rights Institute Co-Chair. Speaking before the members, President Kirsch said, “In helping members of national bar associations to understand the Court and its activities and the importance of ongoing co-operation and support for the Court, the IBA plays a vital role in the realisation of the Court’s mission.” The Prosecutor, Luis Moreno-Ocampo, stated that ‘the law is not just for legal advisors, prosecutors and defence counsels. The law also applies to political leaders, military and negotiators.” Silvana Arbia, the ICC Registrar stressed the significance of the IBA member’s support at a time when the Court is moving forward to a new phase.

The visiting group met with the heads of several sections of the Court, including the Office of the Prosecutor, the Division of Victims and Counsel, the Office of Public Counsel for Victims, the Office of Public Counsel for Defence and the Registry.

As senior member of the IBA leaders, Justice Richard Goldstone also addressed the meeting, highlighting how the work of bar associations and law societies can play a key role in mobilising technical expertise on important issues of international law that would represent an invaluable resource for the ICC. The IBA passed a resolution last year calling upon member bar and law societies to encourage their respective governments to support and advance the goals of the ICC.


--------------------------------------------------------------------------------
For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 646448726 or at sonia.robla@icc-cpi.int

http://www.icc-cpi.int/press/pressreleases/366.html
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