Legacy website of the International Criminal Tribunal for the former Yugoslavia

Since the ICTY’s closure on 31 December 2017, the Mechanism maintains this website as part of its mission to preserve and promote the legacy of the UN International Criminal Tribunals.

 Visit the Mechanism's website.

First Application - Qualification Requirement

Pursuant to Rules 44 and 45 of the Rules of Procedure and Evidence (hereinafter “the Rules”) and to Articles 14 and 15 of the Directive on the Assignment of Defense Counsel (hereinafter “the Directive”) the counsel:

1. must be admitted to the practice of law in a State, or be a university professor of law;

2. must have written and oral proficiency in one of the two working languages of the Tribunal;*

3. must be a member in good standing of the Association of Defense Counsel practicing before the Tribunal (ADC-ICTY);

4. must not have been found guilty or otherwise disciplined in relevant disciplinary; proceedings against him/her in a national or international forum, including proceedings pursuant to the Code of Professional Conduct for Defense Counsel Appearing Before the International Tribunal; **

5. must not have been found guilty in relevant criminal proceedings;

6. must not have engaged in conduct whether in pursuit of his/her profession or otherwise which is dishonest or otherwise discreditable to a counsel, prejudicial to the administration of justice, or likely to diminish public confidence in the International Tribunal or the administration of justice, or otherwise bring the International Tribunal into disrepute;

7. must not have provided false or misleading information in relation to his/her qualifications and fitness to practice or have failed to provide relevant information;

8. must possess established competence in criminal law and/or international criminal law/international humanitarian law/ international human rights law;

9. must possess at least seven years of relevant experience, whether as a judge, prosecutor, attorney or in some other capacity, in criminal proceedings;

10. must have indicated his or her availability and willingness to be assigned by the Tribunal to any person detained under the authority of the Tribunal lacking the means to remunerate counsel, under the terms set out in the Directive;

11. any other information which you deem relevant;

*If the Registrar deems it in the interest of justice, he may waive this requirements, as provided in Rule 44 (B) of the Rules and Article 14(C) of the Directive. Counsel admitted without the language requirement are only eligible for assignment as co-counsel, pursuant to Article 16 (C)(ii) of the Directive.

** This requirement will be applied with some flexibility where the Registrar deems that, in the circumstances, it would be disproportionate to exclude such counsel.