International Standards on the Role of Defense Counsel

Introduction

In countries all across the world, defense lawyers fill a unique role in society. As advocates and protectors of those who need defending, we work tirelessly to ensure that justice is served. In our roles as attorneys, we are afforded rights and in turn must fulfill obligations. This role is defined in international treaties. Although there is no codified international law to look to in order to determine what these rights and obligations are, the Office of the United Nations High Commissioner for Human Rights has published “Basic Principles on the Role of Lawyers”.
The Basic Principles on the Role of Lawyers was adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in Havana, Cuba, in September 1990. They can be found at: http://www2.ohchr.org/english/law/lawyers.htm. The document refers to specific language within a variety of international treaties. The Principles were formed based on that language. This publication cites language from treaties and declarations that have been made and forms a set of principles to guide the practice of law in countries all across the world.
The purpose of this writing is provide an easy resource for defense attorneys about the role of lawyers. Part I will identify each treaty or instrument cited by the Principles, including quick facts about the treaty and which countries have signed on to the treaty. It will also analyze how each treaty links to ethics and the professional responsibility of lawyers. Part II will break down the Principles into simple-to-use language, along with ideas for practice.