Procedure for submission of application
I. ADC-ICTY Membership
Counsel who wish to apply for admission to the Registrar’s list of counsel eligible for assignment to indigent suspects and accused pursuant to Rule 45 of the Rules of Procedure and Evidence (“Rule 45 list”), should, as a prerequisite, become a full member of the Association of Defense Counsel practicing before the International Criminal Tribunal for the Former Yugoslavia (ADC-ICTY). The relevant instructions and a list of documents required for ADC-ICTY membership are available from the ADC-ICTY website: http://adc-icty.org/ .
II. Documents required by the Registry for admission to the Rule 45 list:
- Duly completed Application Form for Admission of Counsel to the Rule 45 list available from the ICTY website: www.icty.org)
- a letter expressing the applicant’s willingness and availability to be assigned as counsel to indigent accused/suspects, and requesting admission to the Rule 45 list;
- a detailed and updated curriculum vitae also reflecting the applicant’s current status;
- statement(s) of employment [issued by current and previous employers] attesting to seven years of relevant experience, whether as a judge, prosecutor, attorney or in some other capacity, in criminal proceedings. The applicant should indicate the name of the employer and a contact person, telephone number, e-mail and postal address;
- a certificate of professional qualification issued by a competent professional body, including a recent certificate of good standing indicating any current and/or past disciplinary proceedings;
- evidence that the applicant has not been found guilty in criminal proceedings (Certificate of no criminal proceedings issued by the relevant national authorities);
- names and addresses of two referees who practice in the field of criminal law, international humanitarian law, international human rights law or international criminal law, and who are competent to advise the Registrar as to the applicant’s 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.
Please note, that the Registry only accepts original or certified copies of documents, issued no later than two months prior to submission of the application.
The application containing original or certified copies should be sent by mail to the Office for Legal Aid and Defence Matters at the address given below.
Admission to the Rule 45 list
The Registrar shall add the applicant’s name to the Rule 45 list and a letter of confirmation of admission shall be sent to him/her if satisfied that all requirements are met.
The Registry includes a short summary of biographical information for each counsel admitted to the Rule 45 list in the version provided to accused persons and suspects. The information provided typically includes; country where counsel is admitted to the practice of law; languages spoken and any current or previous engagement in cases before the ICTY.
Should you wish any specific information to be included in your biography, please provide the Registry with a short text not exceeding 400 letters 1
Contact details of OLAD
All applications or questions regarding admission to the Rule 45 list should be submitted to the Office for the Legal Aid and Defence Matters (OLAD). Contact details are as follows:
International Criminal Tribunal for the former Yugoslavia (ICTY)
Office for Legal Aid and Defence Matters (OLAD)
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
Fax: + 31 (0) 70 512 8637
* Please be aware that in accordance with Article 15(A)(ii) of the Directive on the Assignment of Defence Counsel, the Registrar may require such applicants to demonstrate their language ability by means of a language proficiency test. Furthermore, 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 herein, may nevertheless be admitted to the list, if the Registrar deems it justified (provided for under Article 14(C) of Directive). Such counsel, however, can only be assigned as a co-counsel in accordance with Article 16(D)(ii) of the Directive.