The Office of Public Counsel for the Defence

The creation of the Office of Public Counsel for the Defence (OPCD), pursuant to Regulation 77 of the Regulations of the Court, constitutes a major innovation in the judicial architecture of international criminal courts. The distinctive characteristic of this unique structure is reflected in its mandate, which is to represent and protect the rights of the Defence in order to reinforce the equality of arms and to enable a fair trial within the meaning of the Rome Statute.

The tasks of the OPCD include:

• Representing and protecting the rights of the defence during the initial stages of an investigation
• Providing support and assistance to Defence Counsel and to persons entitled to legal assistance, either by providing legal advice, or by appearing before a Chamber in respect of specific issues
• Acting as ad hoc Counsel if appointed by a Chamber, or as duty Counsel if selected by a Suspect who has not yet secured permanent legal representation
• In the event of a dispute between the person entitled to legal assistance and his or her Counsel, the Registrar may offer mediation and the OPCD may be requested to act as a mediator

The OPCD shall fall within the remit of the Registry solely for administrative purposes and otherwise shall function as a wholly independent office.

The OPCD is not per se a public defenders office, since suspects or accused persons are guaranteed free choice of Counsel under the Rome Statute. As a permanent component of the Court, the OPCD seeks to constitute an institutional memory for the Defence and to establish a resource centre.

The OPCD is also the counterpart of the Office of Public Counsel for Victims, established on the same legal basis, but tasked with representing and protecting the rights of victims.