• CICC Legal Representation Team Paper on Proposed Adjustments to the Legal System
  English
  Français
  April 2007


• ICC’s Proposed Adjustment to the Legal Aid System
  English
  Français
  March 2007


• ASF paper on Proposed Adjustments to the Legal Aid System Français
  March 2007


• VRWG paper on ICC’s Application Forms for Legal Aid
  English
  April 2006


• FIDH paper on Proposed Adjustments to the Legal Aid System Français
  March 2006

According to Rule 91(1) of the Rules of Procedure and Evidence, victims are free to choose a legal representative. However the person must have 10 years relevant experience as a criminal lawyer, judge or prosecutor, and must be fluent in either English or French in order to be placed on the Court’s list of counsel. More information on the list of counsel.

The Court may be able to provide financial assistance where victims are unable to pay for their lawyer, and may appoint a legal representative where “the interests of justice so require”. A lawyer was appointed to represent victim a/105 at the Lubanga Confirmation Hearing in November 2006.

If there are many victims in a given case, the relevant Chamber may recommend that victims choose a common legal representative. If the victims are unable to follow this recommendation, the Chamber may request that the Registrar choose one or more legal representatives, ensuring that the distinct interests of the victims are represented, and that any conflict of interest among them is avoided.

The Office of Public Council for Victims (OPCV) may also be appointed to provide general assistance to lawyers or victims and in limited circumstances, the Court may also appoint the OPCV to ensure representation for victims or a group of victims free of charge. OPCV was established to provide support and assistance to victims and legal representatives of victims, including legal advice and representation before the Court (Regulation 81(4)).

On 1 February 2007, 49 Ugandan applicants were denied legal representation for the phase pending a decision on their status. Instead, the OPCV was appointed to provide assistance and support ‘short of legal representation’. The single judge indicated that legal representation is not per se necessary for victims to participate. Furthermore, the single Judge indicated that victims assisted by legal representatives would have enhanced rights: “only victims assisted by legal representatives may be allowed to participate in the proceedings in a way which includes attending and participating in hearings and, subject to the Chamber’s decision, may go so far as to entail the right to question a witness, an expert or the accused.”

Minors under 18 are automatically considered to be indigent and eligible for legal assistance. However, all other victims will need to satisfy an inquiry into their financial situation after having completed a form on legal assistance, to be submitted to the Victims’ Participation and Reparation Section (VPRS).