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NEWSLETTER(Page 3)
Main Index
Index:
* Three letter from IBA for its members
* Colombia Colleagues Caravana
* Dear IBA Member Organisation Representative
* The IBA urges speedy resolution of outstanding procedural issues before the ICC
* Paris Bar President's letter
* Fifth Annual Seminar on International Commercial Arbitration
* Independent Afghan Bar Association comes to fruition
* Three letter from IBA for its members
| Next edition of the BIC e-news International Bar Association Conference, Buenos Aires October 12 - 17, 2008 The LL.M masters programme from The IBA and The College of Law |  |
We are currently working on the next edition of the BIC e-news, which is scheduled to go out to all BIC members in July 2008. As always, we welcome any articles or other items you would like to include which would be of interest for your fellow IBA member bar associations/ law societies.
Some suggestions include:
1) Reports on national/ regional legal developments
2) Announcements, e.g. award recipients or individuals being acknowledged for a special achievement or merit
3) A profile of your bar association
4) Reports on any special projects, bar-related conferences, surveys or publications you may be involved with
5) Relevant press releases
These are just some ideas; the key is that it should of course be something of interest and relevance to organisations across the world so is an ideal way for you to share messages and news with the rest of the BIC membership.
The deadline for receipt of copy for the March issue is 11 July. Please submit any copy directly to me as I will be collating the e-newsletter and working with our production team on the final product.
I look forward to receiving your news!
Many thanks and kind regards,
Sibylle
PPID & BIC Administrator
International Bar Association Distance Learning Programmes:
LL.M in International Professional Legal Practice
The IBAs International Practice Diploma Programme
Next intakes January 2008
For further information and to book online CLICK HERE
http://www.ibanet.org/education/education_home.cfm
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2- International Bar Association Conference, Buenos Aires October 12 - 17, 2008
Dear Colleague,
I am delighted to invite you to the International Bar Association's 2008 Conference, which will take place on 12 - 17 October in Buenos Aires, Argentina.
Visit the IBA Buenos Aires website now. In IBA site : www.ibanet.org
Buenos Aires is a superb setting for international exchange, where practitioners will have the chance to meet and offer valuable opinions, advice and experiences from every corner of the globe. We have put together a unique programme with over 100 international law sessions covering all areas of practice.
In addition to the wealth of working sessions, three impressive showcase sessions will examine:
The importance of the independence of the judiciary
The recent White Paper produced by the IBA Legal Practice Division Task Force on
Extraterritorial Jurisdiction
The IBAHRI research and report on rendition, disappearances and indefinite detention
Besides updating your legal knowledge, the conference will allow you to discuss and debate key issues with peers from every jurisdiction. There will be numerous opportunities to network and we have organised an exciting social programme which includes a welcome party at La Rural, a unique agricultural and cattle show, and ends with a closing dinner and tango show which will take place in one of Buenos Aires' distinctive tango clubs.
MAKE SURE YOU BOOK BEFORE THE 25TH OF JULY TO RECEIVE THE EARLY REGISTRATION FEE
Rule of Law Symposium
A symposium will be held on Friday 17 October which will build on the Rule of Law Resolution passed in September 2005 and developed at the symposia in Chicago 2006 and Singapore 2007. The IBA's mission is to strengthen this commitment and lead the way forward in helping our members to formulate concrete plans for action in their respective countries as well as internationally. All registered delegates may attend the symposium at no extra charge. Further details can be found in the preliminary programme.
DOWNLOAD THE PRELIMINARY PROGRAMME
(please note this may take a few minutes)
REGISTER SECURELY ONLINE NOW
CLICK HERE TO DOWNLOAD THE REGISTRATION FORM
If you know of any colleagues who may be interested to join us, I would be most grateful if you could please pass these details on to them. I look forward to welcoming you to the international legal event of the year.
Yours sincerely,
Fernando Pombo
President, International Bar Association
International Bar Association | 10th Floor, 1 Stephen Street, London W1T 1AT | Telephone: +44(0)207 7691 6868 | Web: www.ibanet.org | Email: confs@int-bar.org
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3- The LL.M masters programme from The IBA and The College of Law - the practical route to enhance your career
INTAKE DEADLINE 21 JULY 2008
Dear Colleague,
The IBA is once again delighted to have teamed up with The College of Law of England and Wales to bring you an e-learning based LL.M programme designed to meet the needs of lawyers wishing to enhance their practice skills internationally. Based on English Law and practice with an international perspective, the LL.M in International Legal Practice is aimed at law graduates, newly qualified or more experienced lawyers wishing to enhance their skills. The supervised, e-learning format of the course is designed to overcome jurisdictional boundaries and allows you to study at your own pace and in any location.
For full details of the programme, thoughts from key players and much more please CLICK HERE (www.ibanet.org) to view the first IBA/College of Law LL.M Newsletter.
The LL.M study programme is the ideal opportunity for you to demonstrate your expertise in the practical application of international legal practice and to receive a recognisable and career enhancing award on completion.
The LL.M is international in focus and has contributions from some of the world's leading law firms. Because it is based on legal practice and not academic or theoretical law, our LL.M provides you with a qualification that is rigorous, challenging and stimulating yet at the same time highly beneficial to your day to day working life.
It offers a convenient and flexible way to study as well as providing you with ample opportunity to tailor what you study to your current or intended specialism within the international arena.
To enroll for July 2008, simply follow these steps:
1. Print off a copy of the booking form
2. Complete the booking form in BLOCK CAPITALS
3. Return the form and payment (if paying by cheque) to: The College of Law, Customer Contact Centre (LL.M), Braboeuf Manor, Portsmouth Road, Guildford, Surrey, GU3 1HA, United Kingdom
BOOKING DEADLINE FOR the next intake is 21st July
IBA International Practice Diploma awards:
If you have completed or registered on any of the individual diplomas in the International Practice Diploma
Programme then you can extend your learning by completing a conversion unit which is designed specifically to bring your IBA Diploma learning up to the full LL.M level.
A full LL.M module will need to be undertaken, but to recognise your prior study, these conversion units are available for just 750 per module.
To find out more please call the College of Law on +44 (0)1483 21600, visit the College of Law Website or send an email to: iballm@lawcol.co.uk
Up
Main Index
* Colombia Colleagues Caravana
Dear Colleagues
Colombia Caravana
ACADEUM (Asociacion Colombiana de Abogados Defensores de Derechos Humanos), a Colombian collective of lawyers has called for a delegation of international lawyers to visit and carry out a fact finding mission in Colombia from 25th 29th August 2008. (Please see attached invitation).
It is an opportunity for lawyers to investigate the situation of lawyers in Colombia and to identify ways in which the international legal community can support the legal community in Colombia. (Please see the attached document for more detailed information and http://international.lawsociety.org.uk/node/2518.)
The Law Society for England and Wales has been asked to organise UK participation in the delegation. The Law Society also seeks to assist by circulating ACADEUMs call to its sister bars and law societies around the world.
The UK delegation consists of over 20 lawyers who will be travelling to Colombia as part of the delegation. Other bars are also involved including the Paris bar which is sending representatives. Other bars (e.g. from Germany, and US) are also taking a keen interest.
We kindly request if you can help with any one of the following:
1. You give your official support for the delegation and for Colombian Lawyers. Your support may ultimately develop into an official statement which can be expressed to Colombian Lawyers and referred to in the delegations post-mission report;
2. you sending of a representative from your bar association;
3. Assistance with funding of the delegation; or
4. Involvement in or support for any findings or projects arising from the missions report after the delegation.
Should you wish to send a representative to join the delegation all you need to do is fill in the attached form and return it to ACADEUM (caravanainterjuristas@gmail.com) by 15th July.
ACADEUM will book hotels and organise other arrangements in Colombia. All you have to then do is book your international flights.
We look forward to your support for this important delegation.
Yours sincerely
Mr. Courtenay Barklem
Human Rights Adviser
The Law Society of England and Wales
113 Chancery Lane
London
WC2A 1PL
Direct line: 020 7320 5767
http://international.lawsociety.org.uk/node/2518
Stay updated on key legal issues by subscribing to one of the Law Society's e-alerts. www.lawsociety.org.uk/newsletters
To help us improve our service, calls may be monitored or recorded for quality and training purposes.
Thank you.
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International Lawyers Delegation to Colombia 25 to 29 August 08 The Caravana
The conference is organised by ACADEUM (Asociacion Colombiana de Abogados Defensores de Derechos Humanos). It is called the Caravana as the delegation will make visits and meet people not only in Bogota but also in various regional centres. ACADEUM have called for 100 lawyers to participate from as many jurisdictions as possible. It is an opportunity for lawyers to investigate the situation of lawyers in Colombia and to identify ways in which the international legal community can support the legal community in Colombia.
Objectives:
1. To raise awareness in society in general in relation
to the role of lawyers in the democratic justice system.
2. To promote the right of lawyers not to be linked to the cases of those they defend or be persecuted for this reason.
3. To denounce the persecution of lawyers in Colombia and the human rights violations related to their professional work.
4. To encourage legal actions and follow-up and observation strategies to the human rights situation of Colombian lawyers.
5. To obtain full guarantees from the National Government for the practice of the legal profession in the country.
6. To promote national recognition of the Human Rights Ombudsmans Office (Defensoría Pública).
7. To encourage national and international support for the work of lawyers in Colombia
8. To generate expressions of solidarity which translate into demands for the Colombian government to guarantee the practice of the profession and refrain from contributing further to the stigmatisation of lawyers.
9. To strengthen lawyers associations.
10. To strengthen the fight against impunity in cases of human rights violations against lawyers as well as against the victims that they represent.
11. To contribute to the adherence to norms relating to the legal profession and especially to the work of human rights lawyers.
12. To contribute to the creation of an emergency and cooperation network to publicise and deal with situations where Colombian lawyers are at risk.
PROPOSED PROGRAMME
Delegates will arrive in time for a welcoming event on Sunday 24th August in Bogota, with a presentation of the objectives of the caravan, followed by questions and discussion.
Day 1: On Monday morning the delegates will meet with the lawyers of ACADEUM. There will be a screening of the film: Sin abogados no hay justicia, and a discussion of the situation of Colombian lawyers. Documents in Spanish and English will be distributed. The ideas and experiences of the international delegates regarding the way in which the practice of the legal profession is defended and guaranteed in their countries; their membership of professional safeguards, legal privilege, and protection of the lawyer in the practice of their profession will be discussed. In the afternoon there will be meetings and discussion with human rights, trade union and lawyers organisations.
Days 2 and 3: On Tuesday morning the caravana delegates will begin their visits to the regions. Each group will be accompanied by at least one member of ACADEUM. The regions to be visited will be: The Caribbean Barranquilla; Arauca Arauca; The West Cali; the Coffee-Growing Region Pereira; North-West Cúcuta or Bucaramanga; Medellín
During their visits to the regions, delegates will meet with local lawyers and human rights NGOs. The basic activities will be:
a) Information meeting about regional problems and sharing of experiences with lawyers present whether organised or not
b) Meeting with the same purpose with organisations of civil society, especially trade union and human rights organisations
c) Meeting with the authorities concerned with the lawyers situation: magistrates, mayor, governor, chief of police, Attorney-Generals Office (Procurador), etc.
Day 4: The visits will continue until Thursday morning when the delegates will return to Bogota by midday. There will then be a plenary session in the afternoon when the delegates share their experiences of the regional visits.
Day 5: On Friday the delegates will make a series of official visits to: Attorney General (Procurador General), Ombudsman (Defensor Del Pueblo), President or Vice-President of the Republic, Director of the Administrative Security Department (Departamento Administrativo de Seguridad), High Council of the Judiciary (Consejo Superior de la Judicatura), among others.The aim will be to obtain from the authorities (national as well as regional) their commitment to respect and protect the work of human rights lawyers and to highlight the situation of impunity in relation to the crimes against human rights lawyers.
There will be a press conference on Friday morning about the findings of the delegation. In the afternoon there will be an evaluation of the central aspects of the caravana. The caravan ends on Friday evening with a farewell social event.
Contact: Courtenay.barklem@lawsociety.org.uk and copy sara.chandler@lawcol.co.uk
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Main Index
* Dear IBA Member Organisation Representative
If you would like links to the news releases, which are on the IBA website:
http://www.ibanet.org/iba/article.cfm?article=172 - Zimbabwe: IBA Human Rights Institute calls for immediate end to unlawful detention
http://www.ibanet.org/iba/article.cfm?article=173 - Zimbabwe: SADC, AU and EU officials in Zimbabwe should call for a stop to intimidation of Lawyers
Many thanks in advance for your anticipated co-operation.
Best wishes,
Romana
_________________________________
My Contact Details
Romana St. Matthew - Daniel
International Bar Association
Press Office
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Tel: +44 (0)20 7691 6868
Fax:+44 (0)20 7691 6544
E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
__________________________________
NEWS RELEASE
INTERNATIONAL BAR ASSOCIATION
the global voice of the legal profession
[For Immediate Release: Friday, 13 June 2008]
Zimbabwe: SADC, AU and EU officials in Zimbabwe should call for a stop to intimidation of Lawyers
The International Bar Associations Human Rights Institute [IBAHRI] today called on the Southern African Development Community, the African Union and the United Nations to publicly condemn the recent escalation of intimidation and harassment of lawyers and human rights defenders in Zimbabwe.
Lawyers in Zimbabwe have reported that it is increasingly dangerous to represent clients who are either human rights activists or in opposition to the government. Several prominent human rights lawyers have been threatened or physically attacked in recent days and some have abandoned their legal practice and gone into hiding as a consequence of threats and harassment.
The IBAHRI recently drew attention to human rights lawyers Andrew Makoni and Harrison Nkomo who fled Zimbabwe for South Africa last week after receiving information they were on a list of lawyers targeted for assassination.
The IBAHRI reaffirms its condemnation of the systematic targeting of lawyers and human rights defenders in Zimbabwe and urges the international community to hold accountable those carrying out the abuses. The intimidation of lawyers, who are lawfully representing their clients, violates Article 14 of the International Covenant on Civil and Political Rights, and Article 7 of the African Charter on Human and Peoples Rights.
Zimbabwe is a member of the United Nations and is thus obliged to abide by the Basic
Principles on the Role of Lawyers to ensure that lawyers . . . are able to perform all of their professional functions without intimidation, hindrance, harassment or improper
interference. Furthermore, the 1981 Legal Practitioners Act of Zimbabwe provides that
legal practitioners are entitled to represent their clients without fear of being harassed and intimidated by the authorities.
Mark Ellis, Executive Director of the International Bar Association said, The Southern
African Development Community, the African Union and the United Nations should use their influence to prevail on Robert Mugabes regime to stop intimidating lawyers and human rights defenders. He added. The rule of law is a pre-condition of democratic elections and without it the upcoming presidential elections will not be free and fair.
ENDS
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[For Immediate Release: Friday, 13 June 2008]
Zimbabwe: IBA Human Rights Institute calls for
immediate end to unlawful detention
The International Bar Associations Human Rights Institute [IBAHRI] today called for the immediate end to the unlawful detention of Eric Matinenga, an eminent Advocate of the Zimbabwe High Court and opposition Member of Parliament. Mr Matinenga has been detained in police custody despite a ruling by the Zimbabwe High Court on 8 June ordering his release.
The IBAHRI said it is alarmed that the Director of Public Prosecutions and Investigating Police Officers have refused to comply with the court order. Mr Matinengas continued detention is a violation of both Article 18 of the Zimbabwe Constitution and international standards concerning the treatment of uncharged prisoners. Mr Matinenga is being punished for the sole reason of having campaigned against state-orchestrated political violence, said Mark Ellis, Executive Director of the International Bar Association. The IBAHRI further notes that conditions in which detainees are held in Zimbabwe are very poor and that Mr Matinenga's lawyers have been denied access to their client, in violation of international law.
The IBAHRI called for officials defying the court order to be investigated and held
accountable for their actions. The defiant disregard of a valid Zimbabwe High Court order by police officials is a flagrant violation of the rule of law, stated Mr Ellis. The world is watching as people in Mugabes regime violate international law with impunity. We continue to support the efforts to ensure that those responsible for egregious human rights violations in Zimbabwe will be held accountable.
Mr Matinengas attorneys have filed contempt proceedings against the police officials for
failure to comply with the High Courts rulings, and expect to have a hearing tomorrow.
ENDS
For further information please contact:
Romana St Matthew - Daniel
Press Office
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Mobile: +44 (0)7940 731915
Direct Line: +44 (0)20 7691 6837
Main Office: +44 (0)20 7691 6868
Fax: +44 (0)20 7691 6544
E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
About the International Bar Association
the global voice of the legal profession
The International Bar Association (IBA), established in 1947, is the worlds 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 over 30,000 individual lawyers and more than 195 bar associations and law societies spanning all continents.
The IBAs main administrative office is in London with regional offices in So Paulo, Brazil; and in Dubai, United Arab Emirates.
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 as to laws, practices and professional responsibilities relating to the practice of law around the globe. Additionally, the IBAs high-quality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.
The IBAs Bar Issues Commission provides an invaluable forum for the IBAs member bar associations and law societies to discuss all matters relating to law at an international level.
The IBAs Human Rights Institute promotes, protects and enforces human rights under a just Rule of Law, and works to preserve the independence of the judiciary and the legal
profession worldwide.
In partnership with the Open Society Initiative for Southern Africa, the IBA created the
Southern Africa Litigation Centre, based in Johannesburg, South Africa, which promotes human rights and the Rule of Law and operates in the following Southern African countries:
Angola, Botswana, the Democratic Republic of Congo, Lesotho, Malawi, Mozambique,
Namibia, Swaziland, Zambia and Zimbabwe.;
The International Legal Assistance Consortium, based in Stockholm, Sweden, is the
worldwide consortium of non-governmental organisations providing technical legal assistance to post-conflict countries which the IBA was instrumental in establishing. In addition, through a grant-funded project, the IBA has an office in The Hague, the Netherlands, which manages the IBAs International Criminal Court (ICC) Monitoring and Outreach Programme. This office follows the work and the proceedings of the ICC, focusing on issues affecting the fair trial rights of the accused; the implementation of the 1998 Rome Statute; the Rules of Procedure and Evidence; and related ICC issues, in the context of relevant international standards.
Contact information:
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Tel: +44 (0)20 7691 6868
Fax: +44 (0)20 7691 6544
Website: www.ibanet.org
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Main Index
* The IBA urges speedy resolution of outstanding procedural issues before the ICC
the global voice of the legal profession
[For Immediate Release: Wednesday, 02 July 2008]
The IBA urges speedy resolution of outstanding procedural issues before the ICC
The International Bar Association (IBA) today expressed concern that there continues to be significant procedural uncertainty at the International Criminal Court (ICC) regarding important issues such as victims participation and witness protection. The IBA noted in particular, that some inconsistent decisions on victims participation have been handed down by the Chambers and that has created uncertainty for parties and participants. Both the defence and prosecution have appealed the decisions. The IBA considers that speedy resolution of this issue is necessary for the fair and expeditious conduct of proceedings before the ICC.
The concerns were raised at the launch of the IBAs latest monitoring report on the work of the ICC. The IBA report, entitled Balancing Rights: The ICC at a Procedural Crossroads (the Report) highlights the challenges faced by the judges of the ICC in seeking to interpret the relevant legal provisions governing the participation and protection rights of victims and the rights of defendants before the Court. The Report comes at a critical stage in the Courts existence: only a few weeks away from the 10th anniversary of the signing of the Rome Statute which established the ICC.
The issues faced by the judges in seeking to balance effectively the rights of the defendant and the rights of victims are very complex, states Lorraine Smith, IBA monitor in The Hague. The lower Chambers are now looking to the Appeals Chamber for guidance and direction. The IBAs hope is for matters to be resolved expeditiously so that all persons involved in the Court proceedings will have clarity and certainty concerning the participation of victims.
The IBA also urged a unified approach towards the protection of witnesses. The Report highlights a significant difference in approach between the Victims and Witnesses Unit and the Office of the Prosecutor regarding the assessment of the standard of risk and the criteria for including witnesses into the Courts protection programme. On this issue Ms Smith remarks, This protracted impasse between two key organs of the Court raises fundamental concerns for the effective administration of proceedings. The issue has in some cases hindered the Chambers ability to make timely decisions on applications for non-disclosure of material to the defence. The matter must be resolved urgently.
The Report was launched during a high-profile event at the official residence of His Excellency Lyn Parker, Ambassador of the United Kingdom of Great Britain and Northern Ireland to the Netherlands. The meeting included keynote speeches by Lord Iain Bonomy, Judge at the International Criminal Tribunal for the former Yugoslavia (ICTY), and Ms Wilhelmina Thomassen, Judge at the Supreme Court of the Netherlands. The speakers praised the work of the IBA in raising awareness about important contemporary issues faced by the Court.
The event was attended by more than 50 participants, including diplomats, judges from the ICC and the ICTY, senior ICC officials, representatives of international non-governmental organisations, lawyers and law professors. The issue of victims participation provoked particularly lively debate among the attendees and speakers.
Click here to download the IBA monitoring report, Balancing Rights: The ICC at a Procedural Crossroads.
http://www.ibanet.org/images/downloads/07_Report_IBA-ICC%20outreach%20report%20-%20Blancing%20Rights_May%202008_Final.pdf
ENDS
For further information please contact:
Lorraine Smith
IBA Programme Manager
IBA/ICC Monitoring and Outreach Programme
The Peace Palace
Carnegieplein 2
2517 KJ The Hague
The Netherlands
Tel +31(0)70 302 2859
E-mail: lorraine.smith@int-bar.org
Website: www.ibanet.org
Romana St Matthew-Daniel
Press Office
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
Mobile: +44 (0)7940 731915
Direct Line: +44 (0)20 7691 6837
Main Office: +44 (0)20 7691 6868
Fax: +44 (0)20 7691 6544
E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
Notes to the Editor
The IBA/ICC Monitoring and Outreach Programme
In 2005, the IBA commenced the ICC Monitoring and Outreach Programme through funding provided by the John D and Catherine T MacArthur Foundation. The monitoring component analyses developments at the ICC focusing in particular on issues affecting the fair trial rights of the accused, the implementation of the 1998 Rome Statute, the Rules of Procedure and Evidence, and related ICC documents. The outreach programme works in partnership with bar associations, lawyers and civil society organisations disseminating information and promoting debate on the ICC through the IBAs membership network.
In preparing the Report, Lorraine Smith, the IBAs full-time monitor in The Hague consulted with many sources, including judges and lawyers with experience in international criminal, humanitarian and human rights law, legal and academic experts, non-governmental organisations, diplomatic missions, staff of the ICC and defence counsel. It is the fourth such IBA monitoring report to be issued and covers the period from November 2007 to May 2008.
The legal framework for victims participation and witness protection before the ICC
Rome Statute
Article 68(3)
Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
Rules of Procedure and Evidence
Rule 85
Definition of victim
For the purposes of the Statute and the Rules of Procedure and Evidence:
(a) Victims means natural persons who have suffered harm as a result of the commission of any crime within the jurisdiction of the Court;
(b) Victims may include organizations or institutions that have sustained direct harm to any of their property which is dedicated to religion, education, art or science or charitable purposes and to their historic monuments, hospitals and other places and objects for humanitarian purposes.
Rule 89(1)
Application for participation of victims in the proceedings
In order to present their views and concerns, victims shall make written application to the Registrar, who shall transmit the application to the relevant Chamber. Subject to the provisions of the Statute, in particular Article 68, paragraph 1, the Registrar shall provide a copy of the application to the Prosecutor and the Defence, who shall be entitled to reply within a time limit to be set by the Chamber. Subject to the provisions of sub-rule 2, the Chamber shall then specify the proceedings and manner in which participation is considered appropriate, which may include making opening and closing statements.
Witness Protection
Rome Statute
Article 68
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in Article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in Article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in Article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.
Article 43(6)
The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements.
About the International Bar Association
the global voice of the legal profession
The International Bar Association (IBA), established in 1947, is the worlds leading organisation of international legal practitioners, bar associations and law societies. Its membership includes over 30,000 lawyers and nearly 200 bar associations and law societies spanning every continent. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world.
The IBAs administrative office is in London; regional offices are located in São Paulo, Brazil and Dubai, United Arab Emirates.
Grouped into two divisions the Legal Practice Division and the Public and Professional Interest Division the IBA offers its members access to leading experts and up-to-date information across all areas of legal practice and professional interest. Through a network of specialised committees, the IBA enables an exchange of information and opinions regarding laws, practices and professional responsibilities pertaining to the practice of law globally. High-quality publications and world-class conferences further provide unrivalled professional development and networking opportunities for legal practitioners and professional associates.
The IBAs Bar Issues Commission provides a forum for IBA member bar associations and law societies to discuss any matter relating to law at an international level.
The IBAs Human Rights Institute works 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.
In partnership with the Open Society Initiative for Southern Africa, the IBA created the Southern Africa Litigation Centre, based in Johannesburg, South Africa, to promote human rights and the Rule of Law in Angola, Botswana, the Democratic Republic of Congo, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Zambia and Zimbabwe.
The IBA was instrumental in establishing the International Legal Assistance Consortium in Stockholm, Sweden. This global consortium of non-governmental organisations provides technical legal assistance to post-conflict countries. Through a grant-funded project, the IBA also maintains an office in The Hague which manages the IBAs International Criminal Court (ICC) Monitoring and Outreach Programme. This office follows the work and proceedings of the ICC, focusing on such issues as protecting the trial rights of the accused; implementing the 1998 Rome Statute, and upholding the Rules of Procedure and Evidence.
Contact information:
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Tel: +44 (0)20 7691 6868
Fax: +44 (0)20 7691 6544
Website: www.ibanet.org
Up
Main Index
* Paris Bar President's letter
Dear Colleagues,
The role of lawyers in the promotion of the rule of law and the fight against poverty through economic development and the restoration of human dignity to the marginalized needs no explanation. The fundamental role of lawyers in the protection and the promotion of human rights is a hallmark of the profession. Moreover, all major multinational corporations have come to understand that social responsibility demands the respect of human rights as a priority.
On the occasion of the 60th anniversary of the Universal Declaration of Human Rights, we believe that it is especially important for us to unite as a profession and to reiterate the particular role of lawyers in the promotion and protection of human rights.
Join us and show your support by adding your name to the growing list of bar associations, which includes le Barreau de Paris, the American Bar Associations Section of International Law and the ABA Center for Human Rights, the Consiglio Nazionale Forense (the Italian National Bar), ..., the Law Society of England and Wales, the Bar Association of India, and the Association of the Bar of the City of New York.
We are seeking no financial contribution. Your support is simply a matter of adhering to our principles and values and sharing our commitment to the defense of human rights and the rule of law.
In a sense, this requires us to return to the roots of our profession: the protection of men and women who seek our assistance, the protection of human rights and of their universality, and the promotion of liberty and dignity.
Unfortunately, public opinion does not always perceive this to be the impression of lawyers is all too often a negative one. We believe that it is essential to show the world the best of the legal profession and to quickly take concrete steps.
We wish to demonstrate publicly and in a lasting way, that the principles that govern our profession and the role of lawyers in society themselves call for the promotion of human rights and the rule of law; the lawyer is the guardian of both and by the force of her/his conviction can make them a reality. The strength of our mobilization for the 60th anniversary of the Universal Declaration of Human Rights will demonstrate the extent to which we are engaged in a fundamental, universal movement of the worlds lawyers.
A three-part event will celebrate the Universal Declaration of Human Rights in three historic cities: New York, where the Declaration was drafted in 1948 at the United Nations, Paris, where it was signed that same year, and Rome, where the European Convention on Human Rights was adopted in 1950. The first event will be held in New York on 13 and 14 November 2008, the second in Paris on 6 December 2008, and the third in Rome on the 18 and 19 June 2010.
The New York program will focus primarily on the history and the foundations of the Declaration. An opening ceremony at the United Nations with the participation of the Secretary-General Ban Ki Moon is pending confirmation. Theodore Sorensen, the noted historian, Andrew Young, former representative of the United States to the United Nations, Hans Corell, former legal counsel and Undersecretary-General to the United Nations, Richard Goldstone, former Chief Justice of South Africa and Fali Nariman, president of the bar of India have already confirmed that they will be among the key speakers in the conference.
More information about the Paris event on 6 December will be sent out very soon. It is envisioned that a day of debate in Paris will conclude with the signature of a convention, the text of which we will send you in advance.
Through this effort, we hope to bring together as many national bar associations and international organizations as possible, to demonstrate the profound solidarity among the worlds lawyers in the promotion and protection of human rights and the rule of law.
In fellowship,
Christian Charrire Bournazel
President of the Paris Bar
Aaron Schildhaus
Chair-elect of ABA international
Guido Alpa
Presidente del Consiglio Nazionale Forense
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* Fifth Annual Seminar on International Commercial Arbitration
| How to Handle Intellectual Property and Telecommunication Cases October 27-30, 2008, Washington, D.C. |  |
We are pleased to announce the Fifth Annual Seminar on International Commercial Arbitration: How to Handle Intellectual Property and Telecommunication Cases that will take place in Washington, D.C. on October 27-30, 2008. The Annual Seminar is a four-day intensive program that uses a mock case as a tool for providing practitioners with skills, strategies, and tactics for successfully conducting arbitration cases. On this occasion, the seminar will feature sessions that are primarily from the perspective of the Rules of Arbitration of the American Arbitration Association's International Centre for Dispute Resolution (ICDR).
The Seminar is co-sponsored by the American Arbitration Association (AAA); International Centre for Settlement of Investment Disputes (ICSID); and International Court of Arbitration of the International Chamber of Commerce (ICC). Cooperating institutions include: ASIL Dispute Resolution Interest Group; Inter-American Bar Association; Inter-American Commercial Arbitration Commission; and U.S. &news; Mexico Bar Association. Media Partners include TDM and Global Arbitration Review.
Faculty experts include:
CHRISTIAN P. ALBERTI, ICDR; JAMES H. BOYKIN, Hughes Hubbard & Reed LLP; MARK A. CYMROT, Baker & Hostetler; DANA H. FREYER, Skadden Arps Slate Meagher & Flom LLP; JASON FRY, ICC International Court of Arbitration; THOMAS D. HALKET, Halket Weitz LLP; MARTIN HUNTER, Nottingham Trent University; JEAN KALICKI, Arnold & Porter LLP; MARK KANTOR, Independent Arbitrator; BRIAN KING, Freshfields Bruckhaus Deringer LLP; RICHARD H. KREINDLER, Shearman & Sterling LLP; LUCINDA A. LOW, Steptoe & Johnson LLP; LUIS M. MARTINEZ, ICDR; DANA C. MACGRATH, Allen & Overy LLP; RONAN J. MCHUGH, Thelen Reid Brown Raysman & Steiner LLP; PETER L. MICHAELSON, Michaelson & Associates; BETTY SOUTHARD MURPHY, Baker & Hostetler; LUIZ OLAVO BAPTISTA, L. O. Baptista Advogados Associados; ELLIOT E. POLEBAUM, Fried Frank Harris Shriver & Jacobson LLP; CLAUDIA RAY, O'Melveny & Myers LLP; EDUARDO SILVA ROMERO, Dechert LLP; CHRISTOPHER K. TAHBAZ, Debevoise & Plimpton LLP; JOHN M. TOWNSEND, Hughes Hubbard & Reed LLP; THOMAS VENTRONE, ICDR; CLAUS VON WOBESER, Von Wobeser y Sierra, S.C.
The early registration deadline is September 15, 2008 and CLE credit is available (22 CLE credits or 26 if NY). For further information and registration, please visit the International Arbitration Program website at www.wcl.american.edu/arbitration, call (202) 274-4321 or e-mail: arbitration@wcl.american.edu
Kind regards,
Dr. Horacio A. Grigera Naón
Director, International Arbitration Program
SAVE THE DATE!
Annual Lecture on International Commercial Arbitration
September 25, 2008
http://www.wcl.american.edu/arbitration/2008/annuallecture.cfm
Establishing Claims for Damages, Costs and Interest in International Arbitration
International Arbitration Program - 4801 Massachusetts Avenue, NW-Washington, DC 20016-8181 - 202-274-4321 - arbitration@wcl.american.edu
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* Independent Afghan Bar Association comes to fruition
| Title: IBA assists in set up of first ever Afghan bar association Date: 6 August 2008 | |
The new bar association in Afghanistan will act as a necessary counterpoint to the government and the courts in the delivery of justice and the rule of law in the country. It is anticipated that the number of trained lawyers will continue to rise significantly, having already doubled in the past 12 months, and the scope of their work will expand as a direct result of the establishment of the IABA.
The by-laws for the association, governing ethics, discipline, admission requirements and continuing legal education, were passed at the General Assembly, and have been translated into both Pashto and Dari, the two main languages of Afghanistan. The by-laws include a compulsory requirement for each member to undertake at least three criminal cases per year on a pro-bono basis. There is also a quota for minimum representation by women lawyers in the Executive Committee, including the requirement that at least one of the two Vice Presidents be a woman. The focus is now on finalising a code of conduct for the profession.
Fernando Pombo, IBA President, said, The establishment of the first ever Afghan bar association is a wonderful historic event. The project of establishing the Independent Afghan Bar Association was ambitious in its scope. The tremendous effort invested by all sides to realise this project is a prime example of what can be achieved when a collaborative approach to a situation is taken. All the stakeholders have great expectations for this new organisation.
It has taken the work and dedication of a full-time IBA legal specialist on the ground in Afghanistan to achieve this outcome. I congratulate everyone involved. He added, It is vitally important that the global legal profession support and encourage the worlds newest bar association and to this end I am looking forward to introducing the president and executive director to the global legal profession at the IBAs annual conference later this year in Buenos Aires in October.
Dr Phillip Tahmindjis, IBAHRI Deputy Director, who has overseen the project for the past four years, said, At the initial stages of creating the bar association it was necessary to explain fully to the Afghan legal community the concept of a bar association and the merits of having lawyers organised in one. We achieved this through the consistent endeavours of conducting seminars and making public announcement broadcasts.
It was also fundamentally important that the local legal community took ownership of the draft legislation, based on Islamic jurisdictions, required to bring into existence the Independent Afghan Bar Association. It was extremely important that the hearts and minds of those involved were invested in the process and that it was not perceived as being dictated by external players. We can be very grateful to the Swedish Foreign Ministry who have funded the process from the start.
The final stage of the process to establish the IABA took place over four consecutive days at the Intercontinental Hotel Ballroom in Kabul in front of a General Assembly of more than 400 people. To enable 400 lawyers from both Kabul and the provinces to remain in the capital for the duration of the event, the United Nations Office on Drugs and Crime provided a grant. Many travelled across difficult parts of the country at considerable personal risk to be there.
The meeting took place in the presence of: the Second Vice President of Afghanistan Ustad Mohd Karim Khalili; the Afghan Minister for Justice Mohammad Sarwar Danish; the two Deputy Ministers of Justice Dr Qaasem Hashimzai and Adalat Khah; the Chief Justice of Afghanistan Abdul Salam Azimi; and other including the heads of the Afghan civil service. Attending from the IBA were Fernando Pombo, IBA President; Dr Phillip Tahmindjis and Alex Wilks, IBA Legal Specialist for Afghanistan.
The first ever procedure to elect lawyers to the 15 positions of the executive council of the IABA was thoroughly transparent and democratic, and was monitored by a committee of independent international and national experts. The 400 gathered lawyers each cast their votes by placing an x on a ballot sheet and then placing the piece of paper into a sealed ballot box in full view of the General Assembly. Once all votes had been cast, the seals of the ballot boxes were broken, again in full view of those gathered. Then officials lifted the cast ballots from the box one by one and called out the name of the candidate who had been voted for.
The slips of paper were then placed into piles on the table according to candidate name. Some positions required run-off elections because the initial vote had been too close. Votes were still being countered at 0300hrs on the morning of Wednesday, 30 July. Eventually, the voting concluded, and the 400 lawyers gathered had decided on who would constitute the executive council, and had voted to accept the by-laws which would govern the IABA.
Alex Wilks said, It is extremely satisfying that all the hard work and preparation has culminated in the establishment of such an important organisation for Afghanistan as a whole. That the draft legislation required to bring the Independent Afghan Bar Association into existence was passed by both the lower and upper houses of parliament, the Loya Jirga and Mascherano Jirga respectively, one of only seven laws to be passed in 2007, is significant. It demonstrated that Afghan legislators considered the IABA a priority in the context of the development of Afghanistan.
The final approval of the legislation was given by President Karzai in December 2007. The legislation was then gazetted to bring it into force, leading to the General Assembly to elect the first executive council.
The IBA will continue to support the fledgling bar by providing assistance with setting up the physical infrastructure, ie, finding premises and equipping it with computers and furniture.
ENDS
For further information please contact:
Phillip Tahmindjis
+44 (0)20 7691 6868
or
Romana St. Matthew - Daniel
Press Office
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Direct Line: +44 (0)20 7691 6837
Main Office: +44 (0)20 7691 6868
Mobile: +44 (0)7940 731915
Fax: +44 (0)20 7691 6544
E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
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2003 Iranian Bar Associations Union
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