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.
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Current members
AURÉLIE BERTHET
Chair
Admitted to the Paris Bar since 2003 and registered in England and Wales since 2015, Aurélie Berthet is also a Mediator, listed with several Courts of Appeal in France. A dual French-British national, she practices both locally and internationally, with a strong specialization in criminal law, asylum law, and international humanitarian law. With degrees in science, law, and mediation, and over 20 years of field experience, Aurélie Berthet teaches the fundamentals of the legal profession in law schools, having previously lectured in criminal law at the university level. A former Member of the National Bar Council (CNB) and several other representative bodies of the legal profession in France, Honorary President of the Paris Young Lawyers’ Union (UJA), and Honorary Member of the National Federation of Young Lawyers’ Unions (FNUJA), Aurélie Berthet approaches all entrusted tasks with passion and dedication.
JEAN-CLAUDE ANTONETTI
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DIGNITÉ BWIZA
Dignité Bwiza Visser was nominated to serve on the Training Committee. Ms. Bwiza is a practising attorney at the Ituri Bar in the Democratic Republic of Congo since 2008 and at the Brussels Bar in Belgium* (List B of the French-speaking order). From 2015 to 2020, Bwiza served as an assistant to Counsel in the Defence teams at the International Criminal Court in cases against Bosco Ntaganda, Charles Blé Goudé, Bemba et al. (Article 70). Since 2020 to this day, Bwiza continued her active practice as a Legal Adviser under Rule 74, providing support to witnesses during interviews conducted by parties or during testimony before the ICC. She also participated as a trainer in ICCBA trainings. Ms. Bwiza actively engaged in advocacy initiatives aimed at improving the working conditions of Defence lawyers such as the provision of healthcare, paid sick leave, maternity leave, as well as the establishment of end-of-work notices, etc. Formerly the Africa Coordinator of the International Criminal Bar (BPI) and has lectured in international criminal law at the University of Tarragona (Spain). She is also the founder of Bwiza & Associates, a law firm specialised in environmental law. Bwiza has authored four books on the prosecution at both the national and international levels, of environmental crimes committed in the Democratic Republic of Congo by individuals, corporations, and/or states. I accepted the nomination to the Training Committee as I believe I can share my professional experience related to practice before the ICC to those who seek it, as well as contribute to the establishment of a platform that facilitates the sharing of experiences among members of the ICCBA. I express my gratitude in advance for your trust.
GIOVANNI CHIARINI
Giovanni Chiarini (PhD) is an Assistant Professor at Alfaisal University in the Kingdom of Saudi Arabia, where he teaches international criminal law and the law of armed conflict. He recently published the book "The Evolution of International Criminal Procedure" (Routledge, 2024). Chiarini is also an International Fellow at the National Institute of Military Justice in Washington DC, a criminal defense attorney, and a Senior Associate at MEPLAW. He is admitted to the ICC list of assistants-to-counsel, and he has carried out legal consultancy for UNAKRT. He previously taught at Huddersfield University and the Royal Academy of Police in Bahrain. He has been a Scholar-in-Residence at Texas Tech University and a Visiting Professor at Mississippi College School of Law. He was also a visiting researcher at the following universities: Institute of International Peace and Security Law, Universität zu Köln; Centre for Criminal Justice, University College Cork; Université Côte d'Azur; Centre for Global Law, University of Edinburgh; Centre for Critical Legal Studies, Warwick University. His publications (https://hud.academia.edu/GiovanniChiarini) have been awarded the Gold Medal for best article by the Cork Law Review (Arthur Cox Prize), best PhD publication by the American Academy of Criminal Justice Sciences, and best article by the Center for Studies in International Affairs.
AHMED ZUHAIR BAJALAN
Ahmed Zuhair Bajalan (Ahmed Wali) Assistant to Counsel before the ICC & ICCBA member A lawyer since 2011 and Assistant to Counsel before the ICC since 2020. Ahmed was born Baghdad he is Arabic and Kurdish speaker he is multicultural. furthermore English. Ahmed has been dedicated to addressing crimes against humanity and war crimes..etc. with a strong focus on those perpetrated jointly by the Turkish army and ISIS against Kurds in Western Kurdistan part which located in the north and east Syria, as well as offenses within Iraqi territory. as the Kurdish people face the jointly crimes of Turkey and its backed groups. His legal efforts extend to confronting continuous airstrikes and drone attacks by Turkey, a pressing issue in his homeland against civilians in Iraq and Syria. South and west of Kurdistan. Living in a country which its people faced different kind of crimes against humanity and war crimes...etc. Also the occupation of the Musel city in the north of Iraq by ISIS which also supported by Turkey. such crimes committed against the Yazidi and the Kurds - Christians. Arabs..etc. Ahmed working to protect the country from those international perpetrators. Ahmed's commitment to justice is further evident in his volunteer work with UN agencies independently he represented victims of Enforced disappearance and arbitrary detention - torture and degrading treatment..ect. Also he represented victims of LGBTI community. He is deeply involved in representing victims of gender-based violence (GBV) representing them in the courts and his advocacy for individuals from diverse backgrounds, including children, women, displaced persons, and Syrian refugees. He is working in criminal justice in his country in cases before the investigation courts and courts handling felonies..etc. . Ahmed continues to fight for justice against international perpetrators.