Procedure for submission of application (for Counsel re-applying)
As the Registry expects counsel re-applying for admission to the Rule 45 list to be members of ADC-ICTY, the requested documentation should be sent directly to the Registry:
-an “Application Form for Admission of Counsel to the Rule 45 list”;
-a letter expressing your willingness and availability to be assigned as counsel to an indigent accused/suspects, and requesting to be included in the Rule 45 list;
-a detailed curriculum vitae;
-a certificate of professional qualification issued by the competent professional body, including a recent certificate of good standing indicating the absence of current and past disciplinary proceedings against you;
-a certificate of good standing issued by the Association of Defense Counsel practicing before the ICTY;
-evidence that you have not been found guilty in criminal proceedings;
-the names and addresses of two referees who practice in the fields of criminal law, international humanitarian law, international human rights law or international criminal law, and who are in a position to advise the Registrar as to your professional competence in these fields;
-for applicants whose native language is not English or French, a certificate from a language institute or other evidence of proficiency in English or French*;
-any other information which you deem relevant.
Finally, in order to facilitate the indigent suspects and accused in their choice of counsel, the Registry includes in the Rule 45 list a short summary of biographical information for each counsel admitted to the list. Please be aware that the Registry normally includes the following standard biographical information: country where counsel is admitted to the practice of law, languages spoken, previous and current cases on which counsel may have worked (or still works) before the ICTY. Should you wish any additional information to be included in Rule 45 list, please provide the Registry with a short text not exceeding 400 letters.
Please note that only originals or certified copies of the documents, issued no later then two months prior to submission of the application, will be accepted. If a document is originally written in any other language than English or French, a certified official translation into one of the Tribunal’s official languages is required. All documents have to be sent to the Office for Legal Aid and Detention Matters at the address given below.
With regard to the requirement of written and oral proficiency in one of the two working languages of the Tribunal, please be informed that a person who does not fulfill this criterion but who speaks a language spoken in the territory over which the Tribunal has jurisdiction, and who fulfills all other requirements as set out above, may nevertheless be admitted to the list, if the Registrar deems it justified (article 14(C) of the Directive). Such counsel, however, can only be assigned as co-counsel to a defense team (Article 16(C)(ii) of the Directive).
Should you have any questions on that matter, please do not hesitate to contact the Office for the Legal Aid and Detention Matters on the following address and phone numbers:
Churchillplein 1, 2517 JW The Hague. P.O. Box 13888, 2501 EW The Hague, Netherlands
Churchillplein 1, 2517 JW La Haye. B.P. 13888, 2501 La Haye. Pays-Bas
Tel.: + 31 (0) 70 512 5416/ 512 5631
Fax: + 31 (0) 70 512 8637
* Please be aware that the Registrar may also require such applicants to demonstrate their language ability by means of a language proficiency test.