Joint statement calls out attempts to undermine international courts
Eight bar associations, law societies, or other representative organizations across the international legal profession signed a statement encouraging states and international institutions to respect and protect the independence, impartiality, and effective functioning of international courts and tribunals.
In the joint statement, the signatories also urged states and international institutions to:
- Avoid threatening, intimidating, coercing, or interfering with judges, prosecutors, lawyers, or court officials for carrying out their professional functions
- Help international courts and tribunals maintain the conditions needed to fulfill their mandates independently and effectively
- Cooperate in good faith with international courts and tribunals
- Comply with the relevant international legal obligations
- Ensure that the law and the legitimate judicial and institutional processes deal with international disputes and issues of legal responsibility
“At a time when the international rule of law is facing increasing pressure, the protection of international justice requires a clear and collective commitment to the principles on which it rests,” the statement said.
International law and justice
Through the joint statement, the international legal profession confirmed its collective commitment to the international rule of law. It also stressed the importance of international justice and the integrity of international law.
“The defence of international justice is ultimately a defence of a principle that transcends individual cases, institutions and political circumstances,” the statement said.
International legal profession’s concerns
The participating organizations spoke out against any attempts to:
- Attack the independence, authority, or effective operations of international courts and tribunals
- Target judges, prosecutors, lawyers, and other legal professionals for carrying out their professional responsibilities
“Any measures directed against judicial institutions or individual members of the legal profession because of the exercise of their professional functions threaten not only those directly affected, but the integrity of international justice itself,” the joint statement said.
In criticizing such measures, the signatories cited:
- the Basic Principles on the Independence of the Judiciary (1985)
- the Guidelines on the Role of Prosecutors (1990)
- the Basic Principles on the Role of Lawyers (1990)
- other legal texts adopted at the United Nations
Shared responsibility to safeguard international justice
Via the joint statement, the international legal profession emphasized the responsibilities of the following:
States:
- Respect the independence of international courts and tribunals
- Abide by international obligations in good faith
- Work together with judicial institutions
- Refrain from measures hindering judicial institutions’ lawful functions
International institutions:
- Protect judicial bodies’ independence and effective functioning
- Help those working within or alongside judicial bodies fulfill their duties without fear of retaliation or reprisal
Legal profession:
- Defend the independence of courts and lawyers
- Ensure that those advising, acting for, or appearing before international courts and tribunals can carry out their responsibilities while free from the fear of retaliation
Signatories within international legal community
- American Bar Association (ABA)
- Council of Bars and Law Societies of Europe (CCBE)
- International Bar Association (IBA)
- Japan Federation of Bar Associations (JFBA)
- Law Association for Asia and the Pacific (LAWASIA)
- Pan African Lawyers Union (PALU)
- Unión Iberoamericana de Colegios y Agrupaciones de Abogados (UIBA)
- International Association of Lawyers | Union Internationale des Avocats (UIA)
“As I emphasised at the opening of the IBA Annual Conference in Copenhagen, when lawyers, bar associations and law societies from around the world stand united, our collective voice cannot be ignored,” said Claudio Visco, IBA president, in a news release. “Sending a clear, unwavering message to those who act irresponsibly and defy international norms is not just our duty, it is the very core of the legal profession’s mission and commitment.”
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