led and protected during the whole process. It is advisable that the arresting and/or detaining State endeavour to comply with all the rights set out in article 55 to guarantee fair trial procedures, and to avoid jeopardising the process in the event of any judicial review.
Article 54 states that the Prosecutor shall also fully respect the rights of persons arising under the Statute. This means that local authorities should co-operate fully with the Office of the Prosecutor during on-site investigations, and meet any requirements that will permit a full investigation to uncover both exculpatory and inculpatory evidence to be brought before the ICC.
Privileges and Immunities of defence counsel
The exercise of the rights of the accused as detailed under both articles 55 and 67 will be facilitated by the general disposition concerning privileges and immunities as provided for in article 48. Article 48 (4), in particular, grants counsel, experts, witnesses, and any other person required to be present at the seat of the Court "such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on privileges and immunities of the Court." This agreement is yet to be finalised by the Preparatory Commission. States Parties should ensure that this agreement is implemented once it is finalised, so that all persons involved in the work of the Court are treated appropriately.
Defence counsel and the Pre-Trial Chamber procedures
In order to ensure a fair and effective trial, including a full and effective defence, the State in which the Pre-Trial Chamber is performing any of its functions under article 57 should ensure that defence counsel be appointed as soon as possible. Such States should also facilitate the work of the Pre-Trial Chamber in safeguarding and making available all evidence deemed necessary. Local authorities will be key actors in this investigative stage. National bar associations will be of great assistance in enabling the appointment of local counsel during this process.
Proceedings on an admission of guilt
Article 65 (5) sets out that any discussions between the Prosecutor and the defence regarding modification of the charges, admission of guilt, or penalty to be imposed shall not be binding on the Court. Local bar associations should make certain that any member counsel involved in the process are properly trained and fully aware that there is no enforceable plea bargaining before the ICC.
Protection of witnesses and their participation
in the proceedings
Article 68 (5), in particular, raises issues of concern for the rights of the accused. Article 68 (5) discusses situations where the disclosure of evidence may lead to grave endangerment to a witness or his or her family. In light of the rights provided to the accused, the Prosecutor must carefully weigh those rights in determining when to withhold evidence. Such measures should be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and the provision of a fair and impartial trial as entrenched in the Rome Statute.
Responsibilities of the Registrar related
to the rights of the defence
Pursuant to the Rules of Procedure and Evidence, which have yet to be finalised, the Registrar may be required to provide support to defence attorneys. For example, defence counsel may be entitled to copies of recent ICC judgements that are otherwise unavailable. The Registrar may also be involved with the development of a code of professional conduct and consult with independent legal associations on matters of mutual importance.
Defence attorney training
The need for on-going education and training for potential defence lawyers ca
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