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The Legacy of the International Criminal Tribunal for the Former Yugoslavia$
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Bert Swart, Alexander Zahar, and Göran Sluiter

Print publication date: 2011

Print ISBN-13: 9780199573417

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199573417.001.0001

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Regulation of Defence Counsel: An Evolution Towards Restriction and Legitimacy

Regulation of Defence Counsel: An Evolution Towards Restriction and Legitimacy

Chapter:
(p.296) 10 Regulation of Defence Counsel: An Evolution Towards Restriction and Legitimacy
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Nancy Amoury Combs

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0011

This chapter details the evolution of the ICTY's rules governing the initiation and termination of defence representation, and links that evolution to the maturing of international criminal law as a whole. Early ICTY defendants were given broad discretion to select the defence counsel of their choice, to fire the defence counsel they had previously selected, and to refuse the assistance of defence counsel entirely. Current defendants retain much of that discretion, but in recent years, the ICTY has adopted rules restricting defendants' choices to some degree. They did so both to improve the quality of legal representation and the efficiency of trials, but the virtually limitless choice offered to early defendants in their dealings with defence counsel also stemmed from the need of a novel and immature criminal justice system to gain legitimacy. As the ICTY has matured and gained legitimacy, it has proven more willing to regulate the lawyer–client relationship. This willingness reflects a coming-of-age both of the ICTY and international criminal trials more generally.

Keywords:   defense counsel, self-representation, conflict-of-interest, ICTY, legitimacy, qualifications, Code of Conduct

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