The Barristers - Inside the International Criminal Court (3/5)

Summary

The video highlights the complex and demanding nature of cases handled by the International Criminal Court (ICC). Lawyers must possess broad investigative skills and often dedicate years to a case. The ICC deals with crimes like genocide and crimes against humanity, requiring detailed investigations across vast regions. Defense counsel, like David Hooper QC, often face personal risks when defending individuals accused of heinous crimes. The video also addresses the challenges faced by defense lawyers, including the emotional impact of working closely with victims, accused individuals, and navigating dangerous environments.

Takeaways

• ⚖️ Lawyers in the International Criminal Court (ICC) require a broad range of investigative skills and must dedicate years to complex cases.
• 🌍 The ICC's cases are more complex than those in domestic courts, often involving crimes committed in distant locations such as Rwanda or the Congo.
• 👩‍⚖️ David Hooper QC, a London-based barrister, is the lead defense counsel for Congolese suspect Jermaine Katanga, charged with war crimes and crimes against humanity.
• 🕵️‍♂️ Unlike domestic cases, defense counsel in ICC cases often act as both investigator and barrister, traveling to distant crime scenes to gather evidence.
• 🔍 Prosecutors in ICC cases must prove not only individual crimes but also that they were part of widespread and systematic attacks.
• 👨‍👩‍👧 Victims in ICC trials have the right to be represented by a lawyer and express their views, a key innovation of the ICC.
• 🔑 Defense counsel aim to disprove the prosecution's evidence and demonstrate that it is unreliable or false.
• ⚠️ Defending suspects in ICC cases, especially those accused of heinous crimes, can pose significant personal safety risks for lawyers.
• 🚨 Defense counsel Melinda Taylor was detained in Libya while defending Saif al-Islam Gaddafi, facing a challenging ordeal despite immunity.
• 🕊️ Some ICC clients, even those accused of genocide, have been acquitted when the prosecution's evidence was found to be fabricated or unreliable.

Q & A

What skills are required for lawyers working at the International Criminal Court (ICC)?

Lawyers at the ICC need a broad set of investigative skills and must be prepared to dedicate years to cases, as these are often complex and time-consuming.

How is working on ICC cases different from working on domestic court cases?

ICC cases are more complex and take longer than domestic cases. ICC cases often involve crimes in distant regions like Rwanda or Congo, requiring international travel and more extensive investigative work.

What is unique about the role of defense counsel at the ICC compared to domestic courts?

Unlike in domestic courts where a barrister works primarily in court, defense counsel at the ICC often takes on multiple roles, including those of a barrister, solicitor, and investigator, handling witnesses and evidence directly.

What challenges do prosecutors face when handling cases of crimes against humanity at the ICC?

Prosecutors need to prove not only individual crimes such as murder but also that these crimes occurred as part of widespread, systematic attacks. This requires extensive evidence, such as overview witnesses and satellite imaging, to build a comprehensive picture.

What rights do victims have in ICC trials?

Victims in ICC trials are granted the right to be represented by a lawyer, through whom they can express their views and concerns during the trial.

What does the defense counsel aim to prove during an ICC trial?

The defense counsel aims to prove that the evidence presented by the prosecution is untrue or unreliable, often by challenging the credibility of witnesses and testing the presented evidence.

Why do some suspects face difficulties finding lawyers at the ICC?

Due to the grave nature of the crimes prosecuted at the ICC, such as war crimes and crimes against humanity, some lawyers are uncomfortable defending individuals accused of such heinous acts.

What personal risks do defense lawyers face when working on ICC cases?

Defense lawyers can face significant risks to their personal safety, such as threats, arrests, or detention. For instance, defense counsel Melinda Taylor was arrested and detained in Libya while representing Saif al-Islam Gaddafi.

What emotional challenges do defense counsel face in ICC cases?

Defense counsel often experience emotional strain from working closely with the accused and victims, as well as from enduring dangerous situations like detentions, which can make them feel isolated and powerless.

What does David Hooper’s experience reveal about the reliability of prosecution evidence in ICC cases?

David Hooper's experience with a Rwandan client accused of genocide showed that prosecution witnesses can be unreliable, with the judges in this case finding that many witnesses lied, leading to his client's acquittal.