The “poor relation of the international courts” are the defence. So says Richard Harvey, standby counsel for Radovan Karadzic at the International Criminal Tribunal for the former Yugoslavia (ICTY).
He claims there is no “equality of arms”, as the prosecution has the advantage in the courtroom. For instance over calling witnesses and presenting evidence.
But Harvey believes the defence could play an important role in forcing international tribunals to live up to their own high standards.

By Geraldine Coughlan in The Hague

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Do you think that international courts today are living up to public expectations and doing the job that national courts can’t do?
Yes. They are to some degree doing a job that national courts can’t do. Public expectations are probably that they should do it faster but I don’t think they can do it any faster and still deliver justice.

Are you satisfied with the role of defence counsel at the international courts?
No. I don’t think there is anything approaching equality of arms which is the concept that is supposed to rule in fair trials, the defence are very much the poor relation of the international courts.

So, is that why trials take so long?
No. Trials take so long because prosecutors tend to overegg the indictment, put far too many counts in there, call far too many witnesses and there is an enormous amount of time wasted as a result of that.

Could the defence make a difference pushing for procedural advancements for instance?
Yes. I think the defence play a very important role in these tribunals - forcing them to live up to their own high standards, that they aspire to. And we have to constantly put to the test the way in which evidence is presented. Because the way in which it comes out these days tends to be all in writing. So there is inadequate opportunity for the accused to confront his accusers as a result of that.

Do you have working facilities similar to the prosecution at the ICTY?
Not at all. At the tribunal there are three floors that the prosecution has - and there are just three rooms set aside for the defence. And only relatively recently, the defence were allowed to use the library - which was originally exclusively for the use of the prosecution. And when we first started, only the judges and the prosecutors were allowed to use the canteen. The defence as I said, are the poor relation – if not the pariah.