Defence

The defence is a fundamental pillar of the scales of justice at the International Criminal Court, and a key component of a fair trial.

Rights of defence

The permanent International Criminal Court aims to be a model of judicial administration. The Court is steadfast in its commitment to ensure the proceedings before it are in conformity with the highest legal standards and due process rights of suspects and accused persons.

The importance of safeguarding the rights of the defence is reflected in the Court’s founding instrument, the Rome Statute, as well as other legal texts of the Court. Fundamental principles enshrined in the Statute include, amongst others, the grounds for excluding criminal responsibility and the presumption of innocence. The rights of the accused to a public, impartial and fair hearing, amongst other minimum guarantees are provided in Article 67 of the Statute. These rights are effectively guaranteed by the overseeing judicial powers of Chambers.

Assistance provided to defence

In addition to the provisions in the Rome Statute, the Rules of Procedure and Evidence places a positive obligation on the Registrar to organize the staff of the Registry in a manner that promotes the rights of the defence consistent with principles of fair trial as defined in the Statute.

This general duty comprises several obligations, including but not limited to: facilitating the implementation of the rights of suspects and accused persons implicated in proceedings before the Court , and for indigent persons to have legal assistance paid by the Court so as to benefit from an effective and efficient defence.

Kindly direct any related queries concerning the above to the attention of the Defence Support Section of the Registry at: dss@icc-cpi.int.

By postal mail

ICC – Defence Support Section
P.O. Box 19 19519
2500 CM, The Hague
The Netherlands

By phone: +31-(0)705158787