THE HAGUE – The International Criminal Court Bar Association (ICCBA) joins the Association of Defence Counsel practising before the International Courts and Tribunals (ADC-ICT) expressing its concern over the decisions on allegations of contempt and order in lieu of indictment issued by the International Residual Mechanism for Criminal Tribunals (IRMCT) against Defence Counsel, Mr Peter Robinson.
The decision to bring criminal charges, for conduct alleged to have occurred nearly a decade ago, particularly where the IRMCT appears to have bypassed the existing confidential disciplinary procedure under the IRMCT’s Code of Conduct for Defence Counsel Appearing Before the Mechanism, is concerning.
These decisions fail to appreciate that possible recourse to criminal proceedings should be reserved for only the most serious and egregious allegations of contempt or obstruction of justice in the context of independent counsel carrying out their mandates before the international courts. In all other circumstances, disciplinary proceedings should be the sole avenue of addressing actions that may amount to professional misconduct.
The decisions in question set a highly problematic precedent and risk chilling independent counsels' ability to act with the independence, diligence and courage required of them in the conduct of their mandates (IRMCT Code of Conduct, Article 3(i)).
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