Amicus Committee

Pursuant to the ICCBA Constitution, the ICCBA Amicus Committee is responsible for:

 

1. considering and responding to requests from the ICC President or from an ICC Chamber for the submission of an ICCBA amicus curiae brief before the ICC; and

 

2. considering and responding to requests submitted to the ICCBA Executive Council from any third party, including, but not limited to, ICC counsel, governments, NGOs and individuals, for the submission of ICCBA amicus curiae briefs before the ICC or any other relevant forum.

 

Prior to submitting a formal request to the ICCBA Executive Council for the submission of an ICCBA amicus curiae brief, the Committee encourages the individual or entity in question to first consult with the Amicus Committee. Consultation requests may be submitted by email at the following address: info@iccba-abcpi.org.

 

The Role of an Amicus Curiae

 

Traditionally an “amicus curiae”, or “friend of the court”, refers to a person or organisation that is not a party to the proceedings before the court and who assists the court by providing information, legal or factual expertise, or a unique point of view or insight that is relevant to the determination of issues before the court. The submission of amicus curiae briefs is a well-developed practice in many common law jurisdictions, as well as before international human rights tribunals (such as the European Court of Human Rights and Inter-American Court of Human Rights) and international criminal tribunals (including the ICTY, ICTR, SCSL, STL, ECCC).

 

Before the ICC, applications for authorisation to submit amicus curiae observations are governed by Rule 103 of the Rules of Procedure and Evidence. Applications are granted at the discretion of a Chamber if the Chamber finds that the proposed observations would be “desirable for the proper determination of the case”. A Chamber may also invite interested persons and entities – or specific categories of persons / entities (for example professors of international law) – to submit amicus curiae observations on a particular issue.

 

During the Reparations phase of proceedings, Article 75(3) of the Rome Statute additionally provides that, prior to making any order for reparations, “the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested states”.

 

The Committee has prepared a catalogue (periodically updated) of all Rule 103 and Article 75(3) applications and observations submitted before the ICC that fall into the category of ‘traditional’ amicus curiae observations, as well as in-depth analyses of a selection of amicus curiae interventions before the Court.

 

ICC Chambers have invited or authorised amicus curiae to submit observations on a variety of subjects, such as: the legal definitions of “conscription” and “enlistment” of children; the superior responsibility mode of criminal liability; the modalities of collective victim participation before the Court; gender as an element to be taken into account in drafting reparations orders; the status and capacity of the Libyan judiciary in 2011 and 2012; proposals for projects assisting former child soldiers in the Democratic Republic of the Congo in the context of reparations; the issue of immunities for heads of state or government and the obligation of States Parties to execute ICC arrest warrants. 

 

  • List of Amicus Submissions before the ICC

    • This analysis focuses on 'classic' amici, and excludes applications from parties that are directly connected to parties or participants before the Chamber, or to the issues being addressed by the Chamber, parties or participants. ​

Professor Kenneth Gallant

Chair

Prof. Kenneth S. Gallant is a member of the ICCBA Amicus Committee (2017-18).  He has written or co-written amicus briefs in the ICTR and the ICTY.  At the Court itself, he served two three year terms as a member of the ICC Advisory Committee on Legal Texts as the Representative of Counsel (2006-12). He is finishing a four year term as a member of the ICC Disciplinary Appeals Committee (2014-18).  He is the author of The Principle of Legality in International and Comparative Criminal Law (Cambridge University Press 2009) and other works on international criminal law and procedure.

Cécile Lecolle

Cécile has been case manager and legal assistant at the ICC in the Defence Team of Mr. Jean-Pierre Bemba from 2013 to 2018. She is currently a member of the Defence Team of Mr. Ndagijimana in the Turinabo et al. case at the UN-IRMCT. She was part of the ICCBA Panel Discussion on the 20th Anniversary of the Rome Statute in 2018, and was recently a guest lecturer with IDLO for members of the Rwandan Judiciary in Kigali, Rwanda.

Chad Mair

Please reload

Nicoletta Montefusco

Nicoletta Montefusco is qualified in the U.S. (2004) and in Italy (2015), practicing extensively in international extradition. She is currently the Legal Adviser of a defence witness in Dominic Ongwen, is List Counsel before the UN IRMCT, UN ISIL (Da’esh) and Al-Qaida Sanctions Delisting Committee, and domestically is co-defending Denny Kandt, co-Kinpin associate of the Norteño cartel, in USA v. Gomez et al. Previously, she was a legal consultant to REDRESS on Saif Al-Islam Gaddafi (2018), the defence team for Lazar v. Italy (ECtHR 2017), and was an assisting attorney on the death penalty case of Utah v. ElRoy Tillman (“Tillman III”).

Laetitia NGALE EY'INKONDE

Laetitia is a lawyer at the Kinshasa Bar since 11 years. After having acquired solid experience in Congolese positive law, she has been practicing Belgian civil, criminal and social law since 2013. She currently resides in Belgium, where she is in charge of 3 legal offices (in Mons), for a vulnerable public (battered women, undocumented, and socially excluded).

Please reload

Contact us...
ICCBA-ABCPI
Oude Waalsdorperweg 10
2597 AK
The Hague
The Netherlands
info@iccba-abcpi.org 
Follow us...
  • Twitter Clean
Join us...

© 2018 ICCBA-ABCPI