ABSTRACT

This chapter examines the evolution in the regulation of the lawyer-client relationship at the international tribunals-has escaped scholarly attention. The International Criminal Tribunal for the former Yugoslavia's (ICTY) first set of procedural rules was substantially adversarial in character. The ICTY was the crucial first step on the road to an international criminal law revolution, but when it was created its significance-indeed its very survival was in considerable doubt. The challenging circumstances and deep-seated distrust that surrounded the ICTY's early work rendered it uniquely vulnerable and subject to perceptions of illegitimacy. The chapter argues that adopting adversarial procedures and permitting them to be utilised by a lawyer of the defendant's choice stood as the only viable option for an institution as weak and mistrusted as the ICTY.