The Role and Status of the Attorney in the Regulation of International Criminal Court in Light of the International Documents

Abstract

One of the basic and fundamental rights of persons who are under investigation, prosecution and trial to ensure the fairness of the trial is the right of access to counseling and legal assistance as well as having the attorney that should be provided from the beginning of the penal process. This right has been clearly asserted in the international documents and regulations. The observance of this right is necessary not only in the national courts but also in the international courts. One of the international courts is the international criminal court that has been established to address international crimes. The objectives to study Identify the role and position of the attorney in the international criminal court As one of the fundamental rights of the accused and suspects and to evaluate its regulation from the view point of international documents. This study is an applied research and in descriptive method. The required information was collected with documentation and Library. By studying the regulation of the international criminal court it becomes clear that the mentioned authority has differentiated between the suspected and the accused and in both cases, it recognizes the existence of the attorney as necessary. In line with this, it emphasizes the right of victims to have legal assistance. Therefore, with the general review of the court’s regulation and the international documents it might be stated that despite the existence of shortcomings in the court’s regulation, the mentioned regulations and rules are more progressive compared to the international documents. DOI: 10.5901/mjss.2015.v6n6s4p410