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- Saif al Islam
The detention of Australian lawyer Melinda Taylor and her colleagues shone a spotlight on the operations of the International Criminal Court. So what exactly is the court’s purpose and what does it do to ensure the adequate security of its staff?
Peter Robinson, legal advisor for Radovan Karadzic, former president of the Bosnian Serb Republic, at the ICTY, stated at the time: “The ICC itself needs to make it clear to Libya that the immunity of its staff must be honoured. If Libya cannot be counted on to honour such an elementary principle, its admissibility challenge should be dismissed as it cannot be counted on to respect basic principles of justice. The UN Security Council should then be asked to impose sanctions on Libya until it releases the ICC staff and turns over Saif al Islam to the ICC.”
The right of access by a lawyer to the accused is a right that should be protected under the rule of law. This is a right that can be restricted and controlled but not denied. Robinson described the importance of access by ICC staff members. “An accused held in a state cannot access the ICC except through a lawyer. His case would be a one-sided farce if only the prosecution could access the court and have his views considered.” … “ See on lawyersweekly.com.au