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.
FRANCK ARNAUD
For fourteen years, I have been actively involved in complex international cases. My work has primarily focused on matters related to European arrest warrants, international criminal asset seizures, criminal cases, corruption cases, and investigations into suspicious deaths. My experience has been further strengthened through my engagement with asylum seekers. In this context, I have worked on cases involving war crimes, crimes against humanity, and arbitrary detention, all of which are directly relevant to the jurisdiction of the International Criminal Court. In addition, I am a member of the Cybercrime Committee (ItechLaw, USA), where I contribute to global discussions on cybercrime and its implications for the protection of human rights. I also serve as a Reserve Officer at the French Army Headquarters, acting as a Legal Advisor (LEGAD). In this role, I provide expertise in International Humanitarian Law (IHL), supporting military decision-making and compliance with international standards. These combined experiences enable me to bring a practical, academic, and strategic perspective, which represents a strong added value in the context of an Amicus Curiae submission before the International Criminal Court.
GIOVANNI CHIARINI
Giovanni Chiarini (PhD) teaches international criminal law and the use of force in international law at Alfaisal University in the Kingdom of Saudi Arabia, where he serves as Vice-Dean for Research and Graduate Studies at the College of Law and International Relations in Riyadh. He recently published the book "The Evolution of International Criminal Procedure" (Routledge, 2025). Chiarini is also a criminal defense attorney, and a Senior Associate at MEPLAW International Law Firm in Rome. He is admitted to the ICC list of assistants-to-counsel and to the KSC list of co-counsel, and he has carried out legal consultancy for UNAKRT. He previously taught at Huddersfield University in the UK and the Royal Academy of Police in Bahrain, and he held teaching experience in different educational and legal systems in Asia and the Gulf. He has been a Scholar-in-Residence at Texas Tech University and a Visiting Professor at Mississippi College School of Law in the US, and he was 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.
IDENYEMIH STELLA OMIYI
Idenyemih Stella Omiyi is a barrister and solicitor of the Supreme Court of Nigeria being called to the Nigerian Bar in 1971 after obtaining LLB and Masters Degrees University of London 1965-1970. Between 1971 and 2005 she worked at the Federal Ministry of Justice of Nigeria being appointed inter alia as Director of International and Comparative Law Department and Director of Public Prosecutions of the Federation She participated in the discussions and negotiation process which led up to the Rome Statue. In 2003 she was a Nigerian delegation at the UN meeting on the election of ICC judges. A member of the Nigerian Legal team appointed: by the Government to prosecute the case concerning THE LAND AND `MARITIME BOUNDARY DISPUTE: NIGERIA VS CAMEROON before the International Court of JUSTICE at The Hague She is now an expert in international boundary disputes. She also runs an NGO focusing on women and children issues. She was elected Vice President of the International Criminal Bar in 2015. She is admitted to the International Criminal Court List of Counsel in 2011 and a founding member of the ICCBA and has been elected member of the Membership Committee in 2016 to 2017. Defence & Victims Committee 2021. She got a letter of Commendation from the President and his Executive Council Members for a job well done. She was also elected a member of the Professional Standards Advisory Committee in 2022.
AHMED ZUHAIR BAJALAN
Ahmed Zuhair Bajalan (Ahmed Wali), in the List of Assistants to Counsel before the ICC & ICCBA member since 2020. A lawyer since 2011. Was born in Baghdad. He is an Arabic and Kurdish speaker and English. Ahmed has been dedicated to addressing crimes against humanity and war crimes, etc., with a strong focus on those jointly committed by the Turkish army and its jihadist-backed groups, the hybrid ISIS and Al-Qaida groups such as , Al- Amshat, Hayat Tahrir Al-Sham HTS, Sultan Murad..etc, within the name of SNS Syrian National Army against Kurds in the Western Kurdistan, in the north and east Syria. Also working on the same cases of crimes committed in the Iraqi territory. Ahmed, as a local and international lawyer, spent all his life and energy working volunteer. In July 2025, when the same Jihadist groups started committing crimes against the Druze and Alawi community, started documenting some of these crimes and represented the victims of the Druze community in the area of Al-Swaydaa. Ahmed wishes with strong motivation, he seeks to support colleagues and to represent victims of October 7 with them in the near future.Aspiration for the future is to combat anti Semitism. Ahmed involved with NGOs that represented vulnerable victims before the courts. He worked on submitting his cases before the Special Rapporteur and Mandates of the OHCHR. Ahmed represented victims of the LGBTI. He represented victims of (GBV). He represented children, women, IDPs, representing all in the courts. Furthermore, works on other cases of family law, company registration, civil law..etc