Defense Counsel Appearing Before International Tribunals: Past Experiences and Future Challenges

At 10:00 a.m. on Tuesday, May 7, 1994 the first trial under jurisdiction of the International Criminal Tribunal for the former Yugoslavia (ICTY) began. It marked a bold experiment in international justice. Not since the Nuremberg and Tokyo trials had the world community committed to holding individuals who violate an international humanitarian law accountable in an international forum. The first trial before the ICTY was that of Dusko Tadic. He was charged with individual criminal responsibility for Grave Breaches of the Geneva Conventions of 1949, Violations of Laws or Customs of War, and Crimes against Humanity. Of accounts against him, Tadic only escaped the remaining charges of genocide.2 Tadic was also the first defendant in a modern international war crimes trial who was categorized as indigent and subsequently assigned counsel.3 This was the beginning of a long and arduous journey dealing with complex issues surrounding legal aid to indigent defendants in international war crimes trials. The ICTY and the International Criminal Tribunal for Rwanda (ICTR) present the best case studies for identifying the multitude of issues that defendants and their assigned counsel will face in future international war crimes trials. Of course, the International Criminal Court (ICC) is the most prominent international court to contend with the numerous issues affecting defendants’ right to counsel. The ICC came into existence on July 1, 2002. It is the first permanent court ever established to investigate and try individuals for the most serious violations of international humanitarian law.4 On April 11, 2002, the last number of states needed for the Statute’s verification did so, representing a remarkable development in international law.5