THE GENERAL ASSEMBLY OF THE INTERNATIONAL CRIMINAL BAR FOR THE INTERNATIONAL CRIMINAL COURT BERLIN, 21-22 MARCH 2003 REPORT TO THE ASSEMBLY OF STATES PARTIES OF THE INTERNATIONAL CRIMINAL COURT EXECUTIVE SUMMARY The International Criminal Bar (ICB) for the International Criminal Court held a General Assembly in Berlin, 21-22 March 2003. Over four hundred lawyers, bars, independent associations of counsel and interested non-governmental organizations (NGO’s) from over fifty countries on all continents registered for the General Assembly. The meeting was held under the joint auspices of Mrs. Brigitte Zypries, German Minister of Justice and Mr. Walter Schwimmer, Secretary General of the Council of Europe. Mr. Eberhard Kempf of the German Bar Association was President of the General Assembly. The General Assembly deliberated over and adopted the Constitution of the ICB. Pursuant to the Constitution, the General Assembly elected the first ICB Council. A copy of the Constitution, along with the Resolution adopting it, is attached to this Report as Appendix B. The newly-elected ICB Council, like the ICB itself, is broadly representative of geographic regions and the legal traditions of the world. Members of the Council represent Bars and Law Societies from Africa, the Americas, Asia, Europe, and Oceania; Associations of Counsel; and interested NGO’s (in a non-voting capacity). The forty-two members of the Council (thirty-five voting members; seven non-voting but otherwise fully participating members) come from at least twenty-nine different countries, from all continents. They broadly represent the Civil Law, Common Law, Islamic Law, other Asian Law and mixed legal traditions. A list of the Council, and the Executive Committee elected from the Council is attached to this Report as Appendix A. The General Assembly adopted a proposed Code of Conduct for Counsel to be presented to the Registrar of the ICC. This document has been prepared specifically to comply with the ICC Statute and Rules of Procedure and Evidence. It represents the collaborative work of lawyers from many different geographic regions and legal systems, drawn together into the ICB Sub-committee on Ethics. 2 The General Assembly also adopted the ICB’s First Year Budget. This was prepared by the ICB Sub-committee on Finance. The General Assembly prepared for other substantive work of the ICB by hearing reports of the Sub-committee on Legal Aid and the Sub-Committee on Training. All of these sub-committees were established by the Steering Committee preparing for the Berlin General Assembly, pursuant to the mandate of the Montreal Conference of 13-15 June 2002 which established the International Criminal Bar. The Committees were re-constituted by the new Council, and their current Co-Chairs are listed in Appendix A. Finally, the Council appointed four Regional Coordinators, also listed in Appendix A. RECOGNITION OF THE INTERNATIONAL CRIMINAL BAR The ICB is seeking recognition from the Assembly of States Parties and the Registrar of the ICC as an “independent representative body of counsel or legal associations” pursuant to Rule 20(3) of the Rules of Procedure and Evidence of the ICC. The ICC Statute does not explicitly provide for an organization to represent and regulate counsel. To remedy this defect, the Assembly of States Parties adopted Rule 20(3): For purposes such as the management of legal assistance in accordance with Rule 21 and the development of a Code of Professional Conduct in accordance with Rule 8, the Registrar shall consult, as appropriate, with any independent representative body of counsel or legal associations, including any such body the establishment of which may be facilitated by the Assembly of States Parties. Under Rule 20(1)(f), the Registrar may also cooperate with such a body “to promote the specialization and training of lawyers in the law of the Statute and the Rules.” The ICB has been founded in response to Rule 20. BACKGROUND The International Criminal Bar was founded on 15 June 2002 at the Montreal Conference on the Creation of the International Criminal Bar. Montreal was the culmination of an extended series of meetings and consultations among lawyers and others around the world on the need to create an organization to represent counsel who will be practicing before the ICC. Three hundred and fifty lawyers from forty eight states, representing all continents, including representatives of sixty eight international, regional and national Bars and associations of counsel, individual legal practitioners, and representatives of non-governmental organizations, voted unanimously to establish the ICB. Lawyers from Civil Law, Common Law, Islamic Law, other Asian Law and mixed legal systems took part in the Montreal Conference. Pursuant to the instructions of the Montreal Conference, a Steering Committee and Advance Team prepared for a General Assembly of the ICB. The Steering Committee chose Berlin as the site of the General Assembly, and also provided final drafts of the Constitution of the ICB and the Code of Conduct for counsel in the International Criminal Court, along with procedures to elect the ICB’s first Council. The Steering Committee established Sub-committees on Ethics (which prepared the Code of Conduct), Finances, Legal Aid and Training. 3 PURPOSES OF THE ICB The ICB is a vehicle for the legal profession to be heard at the International Criminal Court. This institution is the result of more than six years of international planning and consultation amongst lawyers and academics. The ICB will enable lawyers to speak with a strong voice on issues of common concern, such as the independence of the legal profession, the right to a fair trial, “equality of arms,” lawyer-client confidentiality, and the structure and guiding principles of legal aid. It will also be a key anchor point for creating an international legal community around the ICC—the lawyers, academics and professional associations that are vital to a functioning court system. The ICB has been developed as an organization both to represent and regulate counsel who will practice before the newly created International Criminal Court, and to play an advisory role to the new Court. It has also been established to guarantee the independence of the legal profession before the ICC. This guarantee of independence is essential for a truly balanced system of international criminal justice. This is where the international legal profession must play a leadership role. The emerging system of international criminal justice will be fragile in its early days. For its legitimacy and transparency it requires the full participation of lawyers. Any healthy criminal justice system rests on three pillars: judges, prosecutors and the legal profession. In common law countries, the three pillars are the judiciary, prosecutors and criminal defence attorneys—defence attorneys are officers of the court and full partners in the thus named adversarial system. In civil law countries, the legal profession includes both defence lawyers and lawyers representing victims—they belong to an “order” that is a recognized pillar of the legal system. Attorneys are clearly a crucial element in the criminal justice system. It is important that they have a clear and united voice at the ICC. The ICB will work to ensure the procedural fairness of the Court's proceedings in its prosecution of war crimes, aggression, genocide, and crimes against humanity. The involvement of lawyers and academics from all legal systems and geographical areas of the world in its creation will ensure the legitimacy of the new Bar. The Bar will promote and advance: Ethics for counsel and disciplinary proceedings. Professional training. The development and administration of the legal aid system of the Court. The administration of the list of legal practitioners eligible to be appointed by the Court, the development and amendment process of the Elements of Crimes, Rules of Procedure and Evidence and other relevant instruments of the Court; general support for counsel before the Court. The resolution of disputes relating to the professional conduct of counsel and disputes relating to their remuneration. Other matters relating to the independence and effectiveness of counsel before the Court or the principles of the ICB. 4 THE BERLIN GENERAL ASSEMBLY AND THE ICB AS AN INDEPENDENT, REPRESENTATIVE BODY Under the Constitution adopted at the Berlin General Assembly, the International Criminal Bar has been established as an “independent representative body” contemplated in Rule 20. Members include individual counsel, Bars and Law Societies, and other independent associations of counsel. Interested NGO’s may be associate members, which may fully participate, except they do not vote on issues except election of associate members to the Council. As described above, the ICB is representative, both in membership and governance, of the geographic regions of the world and the major legal systems of the world. The ICB will function as the independent institution for counsel, giving a voice to counsel defending both the Accused and Victims at the ICC. All the participants at Montreal and Berlin agreed that the ICB must protect and promote the independence of counsel, as set forth in international instruments such as the Basic Principles on the Role of Lawyers adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and the Council of Europe Recommendation Rec. (2000)21 of the Committee of Ministers to member states on the freedom of exercise of the profession of lawyer. The Sub-committee on Finance developed a lean but effective First Year Budget, to ensure that the ICB will be able to operate independently. Although still a young organization, the ICB is already performing the tasks required of a Bar for the International Criminal Court. The Code of Conduct drafted by the Sub-committee on Ethics and adopted by the General Assembly emphasizes the independent role of counsel in defending the Accused and Victims. The Sub-committee on Legal Aid has been developing principles that can be applied to ensure that those who cannot afford counsel will be properly represented at the ICC. The Sub-committee on Professional Training has been working to ensure that there will be rigorous, practical professional training to enable the development of a truly worldwide body of lawyers who can represent both the Accused and Victims in the ICC. These committees are all continuing work under the newly adopted ICB Constitution. CONCLUSION The International Criminal Bar is independent and represents counsel from all geographic regions of the world and its major legal systems. It has the participation and support of Bars and Law Societies, independent legal associations, and individual counsel alike. The input of the legal profession, which the ICB represents, will be vital to the credibility and success of the International Criminal Court. The ICB thus seeks recognition through Rule 20 as an independent representative body from both the Assembly of States Parties and the Registrar. Respectfully submitted, Elise Groulx Paul Albert Iweins, Executive President, International Criminal Bar Co-President, International Criminal Bar 15 April 2003* * Jennifer Balint, ICB Member, and Former Member, Advance Team, and Kenneth S. Gallant, ICB Council Member, contributed to this Report. Appendix A ICB Council ICB Executive Committee Chairs of Other ICB Committees Regional Coordinators 2 International Criminal Bar Council Elected at Berlin General Assembly March 22, 2003 Representatives of Bars and Law Societies (21; five each from Europe, Africa, Asia and the Americas; one from Oceania) Europe Paul-Albert IWEINS, Bar of Paris (France) Federico BUCCI, Bar of Rome (Italy) Philip MOSER, General Council of the Bar of England and Wales (U.K.) Luis DE CASTILLO, Bar Association of Barcelona (Spain) Holger MATT, German Bars Federation Africa Tshimbadi MBUYI, Bar of the Democratic Republic of the Congo Fatoumata SYLLA, Bar of Mali Jeremy GAUNTLETT, General Council of the Bar of South Africa Nasser AMIN, Egyptian Bar Association Deogratias NZEMBA, Bar of Burundi Asia Yasushi HIGASHIZAWA, Japan Federation of Bar Associations Raymond CHEDID, Bar of Beirut (Lebanon) Rita Linda JIMENO, Philippines Bar Association Sergey POPOV, International Bar of St. Petersburg Man-Soo HAN, Korean Bar Association 3 Americas Fernando FRAGOSO, Bar of Brazil Erick VANCHESTEIN, Bar of Quebec (Canada) Christophe BARON, Costa Rica Bar Association David STOELTING, American Bar Association VACANCY Oceania Lex LAZRY, Criminal Bar of Victoria (Australia) Individual Members (7) Jean DEGLI (Togo) Conde AICHA (Guinea) Carolina LOAYZA (Peru) Kenneth GALLANT (USA) Chidi OGOLO (Nigeria) Marie-Luise MBIDA KANSE THA (Cameroon) Natascha FAUVEAU-IVANOVITSCH (Croatia) Representatives of Associations of Counsel (7) Elise GROULX, International Criminal Defence Attorneys Association Nancy HOLLANDER, National Association of Criminal Defense Lawyers (US) Vincent ASSELINEAU, National Council of Bars of France Eberhard KEMPF, German Bars Federation Farouk ABU EISSA, Union of Arab Advocates Pascal VANDERVEEREN, International Union of Advocates Jeroen BROUWER, Council of European Bar Associations Representatives of Associate Members (7; Non-voting) William PACE, Coalition for an International Criminal Court Yasser M. HASSAN, Arab Organization of Human Rights Kenneth HURWITZ, Lawyers Committee for Human Rights Sidiki KABA, International Federation of Human Rights Carla FERSTMAN, REDRESS—Seeking Reparation for Torture Victims Ayo ALAO, Study and Research Group on Democracy and the Economic and Social Development in Africa Ngondji OGOMBE, Culture for Peace and Justice 4 International Criminal Bar Executive Committee Elected by the ICB Council Berlin, March 22, 2003 Presidents* Elise GROULX Paul-Albert IWEINS Vice-Presidents Jeroen BROUWER Jeremy GAUNTLETT Eberhard KEMPF Secretary Jean DEGLI Treasurer Federico BUCCI** * Elise GROULX is Executive President 2003-04. Paul-Albert IWEINS is Co-President and will be Executive President 2004-05. ** As Mr. Bucci’s mandate from the Bar of Rome is scheduled to expire before the next General Assembly meeting, he will be succeeded as Treasurer by Mr. Sergei POPOV from the International Bar of St. Petersburg. 5 International Criminal Bar Committee Co-Chairs Appointed by the ICB Council Berlin, March 22, 2003 Committee on Ethics Giuseppe BATTISTA David LEVY * Mr. Giuseppe Battista, Vice President of the International Criminal Defense Attorneys Association (ICDAA), and Mr. David Levy, lecturer at the University of Paris XI and head of international affairs for the National Council of the Bars of France (CNB), under the direction of Mrs. Elise Groulx, Executive President of the ICB and President of the ICDAA, led the drafting of the code of conduct. A large number of lawyers and law professors representative of all the areas of the world and all the legal systems collaborated in this project. It was widely circulated for comments and proposals for amendments to the persons and the institutions concerned and interested. The draft code, conceived as guidelines and status for counsel, sets demanding rules for professional and ethical conduct as well as high standards in order to incite an irreproachable behavior of counsel before the ICC. Applicable to the undisputed “third pillar” of the Court, it is a part of its legitimacy and credibility. On 25 February, 2003, the draft code of conduct was submitted to Mr. Bruno Cathala, Director of Common Services of the ICC in his capacity as acting registrar of the Court. On 22 March, 2003, the draft code of conduct was adopted during the first General Assembly of the ICB in Berlin. The final version of the code of conduct will be available shortly on the ICB and International Criminal Defense Attorneys Association's (ICDAA) Web sites: BPI/ICB: www.bpi-icb.org/php/home/index.php AIAD/ICDAA: www.bpi-icb.org/php/home/index.php For more information, please contact: Giuseppe Battista: firstname.lastname@example.org David Levy: email@example.com 6 Committee on Finance Federico BUCCI Eberhard KEMPF Committee on Legal Aid Daniel SOULEZ LARIVIERE Erick VANCHESTEIN Committee on Professional Training Kenneth CARR Nancy HOLLANDER 7 International Criminal Bar Regional Coordinators Appointed by ICB Council March 22, 2003 Asia Yasushi HIGASHIZAWA Arab World Raymond CHEDID South America Carolina LOAYZA Sub-Saharan Africa Fatoumata SYLLA These Focal Points were appointed by the ICB Council to conduct outreach to increase participation in the ICB by lawyers in these regions. 8 Appendix B ICB Constitution with Authorizing Resolution 9 The International Criminal Bar First General Assembly Berlin, 21 March 2003 Resolution Welcoming the entry into force of the Rome Statute of the International Criminal Court on July 1, 2002, as the founding instrument of a new order of international criminal justice; Recognizing the role the International Criminal Court will play in addressing crimes of utmost concern to the international community; Confirming the function of independent and professional counsel before the International Criminal Court as a fundamental element of an effective, fair and independent International Criminal Court; Committing the resources and will of the International Criminal Bar to ensuring the independence and professionalism of counsel appearing before the International Criminal Court; Now we, the First General Assembly of the International Criminal Bar, RESOLVE: 1. To adopt this, the Constitution of the International Criminal Bar, attached hereto. 2. In accordance with the requirements of the law of the Netherlands, to change the nature of the International Criminal Bar from one with limited legal personality to one with full legal personality, recording the Constitution in a notarial deed in the Dutch language. 3. To authorize Mr. Jeroen Brouwer to sign the notarial deed, and to take such other steps, including final linguistic adaptations of the Constitution, as may be required for its implementation. Dated at Berlin, this 21st day of March, 2003. 10 INTERNATIONAL CRIMINAL BAR CONSTITUTION PART ONE INITIAL PROVISIONS Article 1 Definitions The following words or acronyms shall bear the following meanings in this Constitution: Association of counsel—Independent association of legal practitioners or Bars, qualified for collective membership, and recognized as such by the Council. Bar—An independent body of which counsel authorised to practice in the jurisdiction of the body are members, and recognized as such by the Council. In this Constitution, “Bar” refers also to Law Societies. Council—The governing body of the International Criminal Bar, comprising the “Bestuur” (management) under the law of the Netherlands. Counsel—Counsel, legal representatives and persons offering legal assistance or services, as described in the Statute of Rome of 17 July 1998 and the Rules of Procedure and Evidence of the International Criminal Court. Court—The International Criminal Court, created by the Statute of Rome of 17 July 1998. Executive Committee—The Executive Committee of the Council. ICB—The International Criminal Bar as established in Montreal on 15 June 2002. Members—Persons, whether natural or juridical, qualified for any category of membership of the International Criminal Bar, who have joined the International Criminal Bar, upon payment of annual fee, and whose membership has not been terminated. General Assembly—The General Assembly of the ICB. Present and voting—shall mean present in person or by proxy, and voting as provided in articles 9, 10, 11 and 16, as the case may be. Proxy—Authority in writing, but shall not include electronic mail, delivered or transmitted to the Secretary of the Executive Committee not less than seven days before the meeting to which it applies. Writing—Any form of writing, including electronic mail and facsimile transmissions. Article 2 Name, Legal Organisation and Seat 1. The name of this association shall be the International Criminal Bar (ICB). 2. The ICB shall be established as an association pursuant to the law of the Netherlands. 3. The seat of the ICB shall be at The Hague, The Netherlands. 11 Article 3 Objectives 1. The objectives of the ICB are: a. It shall promote and defend the role and independence of counsel for the defence and for victims before the Court. b. It shall promote the principle of freedom of choice of counsel. c. It shall facilitate the work of counsel before the Court. d. It shall promote effective communication between the organs of the Court and counsel. e. It shall promote the acquisition of knowledge and skills of counsel before the Court. f. It shall participate in regulating the practice of counsel before the Court. g. It shall strive to promote the principle of complementarity in relation to the functions, rights and duties of national, regional and international associations of legal practitioners. h. It shall strive to achieve equality of arms. 2. The ICB shall reflect in its organs the diversity of the legal systems and the geographical areas of the world. Article 4 Functions The ICB shall promote and advance: a. Ethics for counsel and disciplinary proceedings. b. Professional training. c. The development and administration of the legal aid system of the Court. d. The administration of the list of legal practitioners eligible to be appointed by the Court, the development and amendment process of the Elements of Crimes, Rules of Procedure and Evidence and other relevant instruments of the Court. e. General support for counsel before the Court. f. The resolution of disputes relating to the professional conduct of counsel and their remuneration. g. Other matters relating to the independence and effectiveness of counsel before the Court or the principles of the ICB. Article 5 Membership 1. Membership of the ICB shall be voluntary. 2. An individual who qualifies to practice before the Court may be admitted as an individual member. 3. The following may be admitted as collective members: a. Bars. b. Associations of counsel. 4. Any other association concerned with the role of counsel at the Court may be accredited as an associate member. 5. The Executive Committee shall decide on admission as a member or accreditation as an associate member. Conditions of admission or accreditation as a member or associate member shall be determined by the Council. A person not so admitted or accredited will be notified in writing of the resolution of the Executive Committee not later than 60 days after application. He or she may lodge an appeal with the Council within 30 days of receipt of the notice of the resolution. Any such appeal shall be determined by the Council in writing within 120 days of receipt of the notice of appeal. 12 Article 6 Termination of membership 1. Membership shall cease upon: a. the death or dissolution of the member; b. the resignation of the member, which will become effective upon receipt by the ICB of the member’s written resignation; c. the discontinuation of membership, which will be decided by the Executive Committee if in its opinion: (i) a member no longer satisfies the requirements for membership as outlined in this Constitution; or (ii) a member no longer fulfils his or her obligations towards the ICB; or (iii) the ICB cannot reasonably be expected to allow the membership to continue; d. expulsion by the Executive Committee, which may only be decided upon when a member acts contrary to the articles, regulations and resolutions of the ICB, or where the conduct adversely affects the ICB in an unreasonable manner. 2. The membership shall end at the earliest date allowed following the day on which notice was given pursuant to clause 1 (b), (c) and (d). 3. A member, whose membership is discontinued or who is expelled shall be promptly notified in writing of the resolution and the reason(s) for which his or her membership is being discontinued or for which he or she is being expelled. The member may lodge an appeal with the Council within 30 days of receipt of the notice of the resolution. Pending determination of the appeal, the member shall be suspended from membership privileges. The suspended member, however, shall have the right to represent himself or herself before the Council. 4. A member may be suspended from membership, which may be decided by the Council on the grounds as mentioned in clause 1 (c) and (d). The member shall be notified in writing forthwith of the resolution and the reason(s) for which he or she is suspended from membership. Within 60 days of the resolution, the Council shall make its decision in terms of Article 6 (1) (c) or (d), and the member shall be notified in writing forthwith. If suspension is not followed within 60 days by such decision, the suspension shall lapse. PART TWO GOVERNANCE OF THE INTERNATIONAL CRIMINAL BAR Article 7 General Assembly 1. The General Assembly shall consist of all the members of the ICB. 2. All the powers and functions of the ICB which have not been vested in the Council by this Constitution or by the law of the Netherlands shall be vested in the General Assembly. 3. The General Assembly shall meet in biennial general meeting not later than six months after the end of the official year following the official year in which the general meeting is not held. 4. At the biennial general meeting the General Assembly shall inter alia: - consider the annual reports and financial statements by the Executive Committee for the past two years, accompanied by a report from the Council. - elect the members of the Council. - appoint the members of the Audit Committee, and such other committees as it may constitute. - consider proposals of the Council, the Executive Committee or of the members, specified in the notice convening the meeting, or in any notice issued in terms of sub-article (6). 13 5. The Executive Committee shall convene the meeting of the General Assembly by notice in writing (including the agenda) not less than 60 days before the date of the meeting. 6. Members may propose issues to be determined at a meeting of the General Assembly session by notice in writing to the Executive Committee at least 30 days before the date of the meeting. All members shall be notified of these issues by the Executive Committee not less than 20 days before the date of the meeting. 7. The Council may decide to convene special meetings of the General Assembly. 8. The members of the General Assembly may request in writing a special General Assembly meeting by petition of not less than one-tenth of the members. The Executive Committee shall then be obliged to convene a special General Assembly meeting within 30 days. 9. All General Assembly meetings shall be held at The Hague or such other venue as the Council may determine. The Council may also determine that meetings are held in a manner that is made possible by audio-visual aids, provided that all members are given the opportunity to participate in discussions and to vote. 10. Suspended members of the ICB, the Council or the Executive Committee shall not be entitled to attend or vote at meetings of the General Assembly. 11. The General Assembly may adopt rules relating to the functioning of the ICB and its organs, which shall be consistent with this Constitution, the law of The Netherlands, the Statute of Rome of 17 July 1998, the Rules of Procedure and Evidence, the Agreement on Privileges and Immunities, as well as the Code of Professional Conduct. 12. The General Assembly shall, not later than its second biennial meeting, review this Constitution and its manner of operation. Article 8 Proceedings of the General Assembly 1. Meetings of the General Assembly shall be presided over by the President or co-President, and in his or her or their absence, a Vice-President. 2. The Secretary, or another person designated by the chairperson, shall keep minutes of each meeting. The minutes shall be available to all members. The minutes shall be confirmed and signed by the chairperson and the Secretary or such other person, and shall be subject to adoption at the next meeting of the General Assembly. Article 9 Decisions of the General Assembly 1. A quorum of the General Assembly shall comprise twenty per cent of the collective members and twenty per cent of the individual members. The members comprising the quorum may be present in person or by proxy. 2. If the quorum cannot be obtained, then a second meeting with the same agenda shall be held within four weeks of the date of the original meeting. At the second meeting, a resolution may be adopted irrespective of the number of collective members or the number of individual members present. 3. In decisions of the General Assembly: a. Individual members may cast one vote each. b. Collective members may cast one vote each, subject to subarticle (c). c. The votes of the Bars of each country shall be recorded as one joint vote per country. d. Associate members shall be entitled to participate in all debates, but shall not vote, except in relation to Article 10(4)(d). 14 e. A decision of the General Assembly must be taken by a majority vote of the members present and voting. In the event of a decision being challenged at the meeting by a majority of the Bars present and voting, it may only be rescinded by a vote at that meeting of not less than three-fourths of the Bars present and voting. Elections of members of the Council may not be challenged in this manner. 4. Votes may be exercised by proxies. No person may exercise more than four votes in total, including votes by proxy. Article 10 Elections to the Council 1. The Council shall have forty-two members, constituted as follows: - Twenty-one elected from representatives of Bars (five each from Africa, the Americas, Asia, and Europe; and one from Oceania); - Seven elected from individual members; - Seven elected from representatives of associations of counsel; - Seven elected from representatives of associate members, subject to article 11(9). 2. A person may stand for election to the Council from only one of the above colleges. Representatives of Bars and associations of counsel must be qualified to be individual members. 3. The General Assembly shall elect the members of the Council for four-year terms. Re-elections to consecutive terms of office shall not be permitted, save in respect of persons initially (in terms of Article 18 (1)) elected to two-year terms. 4. In the elections to the open seats of the Council: a. Each individual member of the International Criminal Bar may vote for seven individual members of the Council. The seven candidates from different countries who receive the highest number of votes shall be declared elected. If candidates from fewer than seven countries receive votes, then more than one Council member from the same country may be elected. b. Bars may vote for twenty-one representatives (five each from Africa, the Americas, Asia, and Europe; and one from Oceania). Each Bar may cast only one vote per candidate, provided that Article 9 (3) (c) shall apply to the votes cast by the Bars of the same country. The persons receiving the highest number of votes shall be declared elected. c. Associations of counsel may vote for seven representatives, but no more than one representative of the national associations of counsel of any one country may be elected. Subject to this, the persons receiving the highest number of votes shall be declared elected. d. Associate members may vote for seven representatives. The persons receiving the highest number of votes shall be declared elected. 5. Members of the International Criminal Bar shall make every effort to ensure equitable gender distribution in electing the members of the Council. 6. Membership of the Council may be terminated or suspended by the General Assembly. 7. Any vacancy in the membership of the Council shall be filled by the General Assembly by an election conducted in writing in accordance with Article 9, with the necessary changes. 15 Article 11 The Council and the Executive Committee 1. The Council shall consist of the members elected as in Article 10. 2. If the membership of the Council falls below forty-two members, the Council shall continue to be lawfully constituted. 3. The Council shall meet at least twice a year on dates to be determined by it or failing such determination, by the Executive Committee. 4. The Council shall elect from any of its voting members an Executive Committee, consisting of not more than seven persons and comprising one or more Presidents, Vice-Presidents, Secretaries and a Treasurer. The Council shall fill vacancies on the Executive Committee. Five members shall be a quorum of the Executive Committee. The term of the members of the Executive Committee shall be two years. 5. A quorum of the Council shall comprise eighteen deliberative members, including those present by proxy. No member of the Council may exercise more than four votes in total, including those by proxy. 6. The Council shall determine its own procedures for meetings. 7. The Council shall carry out the decisions of the General Assembly and shall direct the activities of the Executive Committee. 8. A majority of the representatives of the collective members present and voting and a majority of the individual representatives present and voting shall be required for a decision of the Council. 9. The representatives of the associate members may participate in discussions but shall not vote. Article 12 Power of representation 1. The power of representation is allocated to: - the Council; - three members of the Executive Committee acting jointly. 2. The ICB may enter into agreements as referred to in article 2:44 of the Dutch Civil Code, comprising agreements to purchase, alienate or encumber real estate, and agreements to give security to third parties. Article 13 Finances 1. The official year of the ICB shall run from the first day of January up to and including the thirty- first day of December. 2. The Executive Committee shall keep all financial records and accounts of the ICB. 3. The Executive Committee shall submit to the members within six months after the end of the official year, except where an extension is authorised by the General Assembly: (i) its annual report; (ii) a balance sheet and financial statements of receipts and payments providing an accurate accounting of the administration conducted during the last year. 4. The General Assembly shall at its general meeting appoint at least two persons from among the members, who are not members of the Council, as an Audit Committee. The Audit Committee shall examine the statement of receipts and payments of the Executive Committee and report to the General Assembly at its next meeting. 16 5. The Executive Committee shall keep the records referred to in clauses 2 and 3 for a period of seven years. Article 14 Membership dues The amount of the annual membership dues shall be determined by the General Assembly after a proposal by the Executive Committee. PART THREE MATTERS OF DISCIPLINE Article 15 Ethics and Discipline 1. The General Assembly shall prepare and adopt rules and procedures relating to ethics and discipline and shall submit these to the Court for approval. 2. The Council may appoint a Disciplinary Committee and such other bodies as may be necessary to give effect to these rules and procedures. PART FOUR GENERAL PROVISIONS Article 16 Amendments to the Constitution 1. Notice of a proposed amendment shall be given to members in writing not less than thirty days before the date of the meeting of the General Assembly. 2. An amendment to the Constitution shall be adopted by a two-thirds majority of votes of Bars present and voting in a meeting of the General Assembly, a two-thirds majority of associations of counsel present and voting and a two-thirds majority of individual members present and voting. 3. Amendments adopted by the General Assembly shall take effect after a notarial instrument has been drawn up in respect thereof in accordance with the law of the Netherlands. A member of the Executive Committee may be authorised by the Executive Committee to execute the instrument. Article 17 Dissolution 1. The ICB may be dissolved by a resolution of the General Assembly, in accordance with the provisions of Article 16. 2. Any balance of funds remaining after dissolution and liquidation of assets shall be distributed as determined by the General Assembly. PART FIVE TRANSITIONAL PROVISIONS Article 18 First election of the members of the Council 1. After the first election, members of the Council shall draw lots to determine the length of their terms, as follows: - For individual members, associations of counsel, and associate members, four members of the Council shall have four-year terms, and three shall have two-year terms. 17 - For Bars from Africa, the Americas, Asia and Europe, three shall have four- year terms, and two shall have two-year terms. The member from Oceania shall have a four-year term. 2. Thereafter all elections shall be for four-year terms, under the rules described in Article 10(4). Article 19 First Audit Committee Notwithstanding Article 13 (4), the Council shall appoint the first Audit Committee. Berlin, 21 March 2003.