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
FRANCK ARNAUD
Depuis quinze ans, j’interviens sur des affaires complexes à dimension internationale. Mon activité s’est concentrée sur des dossiers impliquant des mandats d’arrêts européens, des saisies pénales internationales, des affaires de corruption, des affaires criminelles, ainsi que sur des enquêtes relatives à des morts suspectes. Mon expérience s’est également enrichie par mon engagement auprès des demandeurs d’asile. Dans ce cadre, j’ai travaillé sur des affaires portant sur des crimes de guerre, des crimes contre l’humanité et des détentions arbitraires, autant de thématiques en lien direct avec le droit international pénal et la compétence de la Cour pénale internationale. En parallèle, je suis membre du Cybercrime Committee (ItechLaw, USA), où je contribue aux réflexions internationales sur la criminalité numérique et ses implications pour la protection des droits fondamentaux. Je suis également officier de réserve auprès de l’état-major de l’armée de terre en qualité de Legal Advisor (LEGAD). À ce titre, j’apporte mon expertise en droit international humanitaire (DIH) pour accompagner les forces armées dans la prise de décision et l’adaptation aux normes internationales.
AURÉLIE BERTHET
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.
PAUL BRADFIELD
Dr. Paul Bradfield a barrister and lecturer from Ireland. He was called to the bar in 2009 and holds a PhD from the Irish Centre for Human Rights, University of Galway, Ireland, where he currently is a lecturer in international criminal law. Paul has worked at various international courts since 2010, including the tribunals for the former Yugoslavia, Rwanda, and the International Criminal Court. This included working for the Petković, Karadžić, Nizeyimana and Ali defence teams. Paul has also worked in trial roles at the ICC Office of the Prosecutor and in the Specialist Prosecutor’s Office at the Kosovo Specialist Chambers. He is currently one of the Legal Representatives of the Victims in the Kony case at the ICC. In the field, he has worked for the UN Office of the High Commissioner for Human Rights in Uganda and for Irish Rule of Law International in Malawi, on a range of transitional justice, human rights and access to justice issues. Domestically, he was previously a Prosecutor in Ireland’s Office of the Director of Public Prosecutions, prosecuting murder and sexual offence cases.
DIMITRI DEBORD
Dr Dimitri DEBORD is an international lawyer and trainee magistrate in France. He is the Founder of DIKE International, an NGO dedicated to assisting and supporting victims affected by armed conflicts and serious violations of international law. Dr Debord holds an MSc in International Humanitarian Law from the University of Oxford and is conducting research at the University of Cambridge (MSt) on the history of law and the protection of cultural property. He also holds a PhD in Compared Military Law and a Magistère in International Law from Paris Nanterre University, a Postgraduate Diploma in European Law from King’s College London, and is a graduate of Sciences Po Grenoble. A former elected member of the Executive Council in 2022, Dr Debord notably contributed to the work leading to the creation of the Trust Fund for Families, reflecting his commitment to strengthening solidarity within the profession and supporting members of the ICC Bar and their families. An accomplished advocate and public speaker, Dr Debord has been a laureate of more than ten advocacy and public-speaking competitions in both French and English, including six competitions held in Africa, reflecting his longstanding engagement with international legal communities across different regions and legal cultures.
ARMAN ZRVANDYAN
Arman Zrvandyan is an Armenian academic and practicing lawyer. A member of the Chamber of Advocates of Armenia since 2012, he represents clients before the Armenian courts and the European Court of Human Rights. He spent four years working at the European Court of Human Rights, including on cases arising from criminal proceedings, gaining substantial experience in fair-trial guarantees, defence rights, judicial legal reasoning, and the functioning of an international court. He has extensive experience with international organizations as a senior adviser on human rights and justice reforms matters. Arman is an Associate Professor of Law at the American University of Armenia, teaching international criminal law, transitional justice, human rights in criminal justice, and the European Convention on Human Rights. He holds graduate degrees in international criminal law from the University of Turin/UNICRI, human rights from the University of Essex, and law from the American University of Armenia. His academic research and litigation practice focus on questions of international law and their practical application. He is on the ICC List of Assistants to Counsel and is an Associate Member of the ICCBA. Arman speaks Armenian, English, French, Russian, and brings experience spanning international judicial practice, litigation and legal scholarship.