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Fixing The Problem Of Incompetent Defense Counsel Before The International Criminal Court, Matthew Catallo
Fixing The Problem Of Incompetent Defense Counsel Before The International Criminal Court, Matthew Catallo
Michigan Journal of International Law
Throughout the latter half of the twentieth-century, defense counsel arguing before international criminal tribunals provided notoriously ineffective assistance. This note examines whether defense counsel similarly fail to provide competent assistance at the International Criminal Court––and if they do so for similar reasons. In examining the ICC’s procedural and regulatory framework, this note highlights the systemic inequities at the Court that favor the prosecution and devalue the defense, thereby hindering the acquisition of competent defense counsel and promoting the retention of incompetent defense counsel.
To address these iniquities, this note promotes various administrative reforms, all of which could be implemented without …
International Courts Improve Public Deliberation, Shai Dothan
International Courts Improve Public Deliberation, Shai Dothan
Michigan Journal of International Law
The paper starts with the effects of international courts on the broader public and narrows down to their influence on a small elite of lawyers. Part I suggests that international courts captivate the public imagination, allowing citizens to articulate their rights. Part II demonstrates how governments, parliaments, and national courts around the world interact with international courts in ways that improve public deliberation. Part III studies the global elite of lawyers that work in conjunction with international courts to shape policy. Part IV concludes by arguing that the dialogue fostered between international courts and democratic bodies does, in fact, lead …