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Assisting an Accused to Represent Himself: Appointment of Amici Curiae as the Most Appropriate Option
Authors:Temminck Tuinstra  Jarinde
Institution:* The author is writing a Ph.D. at the University of Amsterdam on the position of the defence within the international criminal justice system. The use of the male pronoun in this article is for convenience only.
Abstract:Given the proportion and complexity of international criminalproceedings, allowing an accused to represent himself beforean international criminal court might render his defence ineffective,even if the accused is a lawyer himself. If international criminalcourts are not willing to have the accused bear the consequencesof his choice of self-representation, the measure of appointingexperienced Defence Counsel as amici curiae to make legal contributionsto add to the Judges’ informed decisions seems to entailfewer undesirable ethical consequences for counsel than beingadded as ‘standby counsel’ or ‘court assignedcounsel’. Through occupying a neutral position and notbeing required to represent the accused, the amici's input maybalance the flow of defence and prosecution arguments and thuscontribute to the fairness of international criminal trials.The measure of appointing standby counsel or court assignedcounsel to an accused who wishes to represent himself appearsless appropriate, especially from a legal professional perspective.
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