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.
Current members
JAMES ONALAJA
Chair
James Onalaja is a criminal barrister with over 14 years’ experience, called to the Bar of England and Wales. He practises from 187 Fleet Street Chambers, London. He has a Bachelor of Law from Durham University, UK. He has undertaken postgraduate studies in International Criminal Law at Columbia Law School, New York and obtained a Master of Laws in International Criminal Law from University of Amsterdam. His practice focuses on: serious, complex and violent crimes; transnational and international law matters including extradition; military court martials and; alleged violations of human rights. He is admitted to the ICC List of Counsel and the List of Specialist Counsel at the KSC. He has assisted the defence team in Case 004 before the ECCC. He has also worked with members of the UN Human Rights Committee in preparing them for their 122nd Session and periodic oral dialogues with States re compliance with the ICCPR. He is experienced at providing Continuing Professional Development training to legal professionals. His maiden service on an ICCBA committee was on both the outgoing training and amicus committees. He looks forward to an opportunity to build on that learning experience, and be of further service to the ICCBA.
HAVNEET SETHI
Secretary
Havneet Sethi (a.k.a. Nikki) is an international lawyer with over a decade of experience and expertise in public interest law, principally in international criminal law and human rights. She was admitted to the New York bar in 2012 and to the ICC List of Assistants to Counsel in 2016. She has extensive experience in all stages of litigation, including investigations, case development, and trial and appellate litigation, and is committed to legal advocacy to defend human rights, including through representation of disenfranchised persons and groups. She is presently a Legal Assistant in the Defence team of Mr Al Hassan at the International Criminal Court, where she was previously also Case Manager and Legal Assistant on the defence team for Mr Jean-Jacques Mangenda in the Bemba et al. case from 2015 to 2018 and pro bono legal assistant to Mr Aimé Kilolo Musamba in the same case from 2014 to 2015. From 2019 to 2021, Havneet worked at the UN-IRMCT as Legal Assistant on the Defence team of Mr Jean de Dieu Ndagijimana in the Nzabonimpa et al. case. She has also worked at the ICTY and has assisted in the representation of clients in front of the United Nations Working Group on Arbitrary Detention, the East African Court of Justice, and the African Court on Human and Peoples’ Rights. She holds a J.D. (with honours) from the United States as well as an LL.M. from the Université Panthéon-Assas (Paris II) and an LL.M. in Advanced Studies in Public International Law from the University of Leiden, from which programs she graduated with honours and summa cum laude, respectively. Though she has not previously held an executive position within the ICCBA, she is eager to serve and, if elected, would bring to the position her considerable enthusiasm and experience.
LEILA ABID
Member
Me Leila Abid is a lawyer admitted to the Québec Bar. She is currently a legal consultant on the Defence team of Mr. Al Hassan Ag Abdoul Aziz at the International Criminal Court. She was born in France, grew up in Tunisia and completed her university studies in Montreal. She speaks French, English and Arabic. She worked in several renowned firms in Montreal before joining the Defence team of Mr. Al Hassan.
MARK DIAMOND
Member
.
ROGER LUYCKX
Member
Roger LUYCKX a été magistrat pénal de Grande Instance en Belgique pendant 15 ans. Il a siégé 20 ans à la demande des Affaires Etrangères de son pays dans un Institut géopolitique et académique à l'OTAN spécialisé en diplomatie militaire. Il a voyagé dans le monde entier et parle plusieurs langues. Il a consulté avec la diplomatie et les dirigeants de plusieurs pays. Il était présent à Bruxelles à la fondation d'Avocats sans Frontières avec le Bâtonnier de Moscou après avoir rapproché le Barreau de Paris et le Barreau de Moscou. Il était ensuite présent à Irkoutsk avec Catherine Lalumière au Palais des Décembristes avec le Gouverneur de Sibérie Orientale. Il a travaillé en Afrique comme Conseil de Permanence à la Cour Pénale Internationale. www.groupr.org