The European Bars Federation (FBE), supporting the existence of the International Criminal Court, and believing it is an essential institution for the protection of Human Rights and democratic principles, as well as the rule of law,

Reaffirms that the International Criminal Court, in order to ensure the legitimacy of its functionning, must recognise the right of counsel as the “third pillar” of the International Criminal Court.

Declares the following to be essential principles:

1. The independence of counsel.

2. The accused and the victims freedom of choice of counsel.

3. The right to a fair trial and equality of arms.

4. The preservation of the prerogatives of Bars and Law Societies to govern the qualification of counsel as well as disciplinary sanctions and procedures under the national codes of ethics.

5. The need for assistance and advice on ethical issues for counsel appearing before the International Criminal Court, to be provided by a body representing counsel and recognised by the International Criminal Court

Resolves that in order to ensure that these principles continue to be respected before the International Criminal Court:

1. There should be an institution representing counsel before the International Criminal Court open to all bars and Law Societies;

2. Such an institution should be fully supported by the Bars and Law Societies and recognised by the Assembly of States Parties in the International Criminal Court; and

3. The FBE welcomes the institution founded in Montreal on June 15 2002