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: email@example.com.
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.
I am currently a lawyer in criminal law at the Court of Appeal of Versailles in France and Assistant to Counsel before the I.C.C. I hold a Phd (Docteur) in compared military law from the University of Paris-Nanterre (highest honours). I also have education and diplomas from the University of Oxford (history and archeology), King's College (law), Sciences-Po Grenoble (governance) and the School for the Advanced Studies in the Social Studies of Paris (legal theory). Besides, I am the former first Chairman of the Conference of the Bar (Premier Secrétaire de la Conférence) after winning the annual oratory contest. I founded in 2019 of the National Conference (national oratory contest) under the supervision of the French conference of the deans, which aim is to appoint three national secretaries. My involvement in international law is moreover demonstrated by my membership to the national Commission Armée Jeunessse (Ministry of Defense), my former status as a teacher in this subject matter, and an executive training in international relations obtained from the European University Institute of Florence (E.U.I.). Being a young member of the I.C.C.B.A., and the International Mechanism for Criminal Tribunals (I.C.T.Y.), I am willing and determined to serve the interests of the I.C.C.B.A.
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.
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.
James Onalaja is a criminal barrister with over 14 years’ experience, called to the Bar of England and Wales. He practises from the Chambers of Andrew Trollope QC and Richard Christie QC, 187 Fleet Street, 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 (Cum Laude) from University of Amsterdam. His practice focuses on: serious, complex and violent crimes, including matters with transnational and international law complexities; military court martials and; cases involving alleged violations of human rights. He is admitted to the ICC List of Counsel and the List of Specialist Counsel at the Kosovo Specialist Chambers. He has assisted the defence team in Case 004 before the Extraordinary Chambers in the Courts of Cambodia (ECCC). He has also worked with members of the United Nations Human Rights Committee in preparing them for their 122nd Session and periodic oral dialogues with States re compliance with the ICCPR. He is an advocacy tutor to trainee lawyers in England and is experienced at providing Continuing Professional Development training to legal professionals.