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Decision on Lawyer-Client Privilege - 16.07.2012 POPOVIĆ et al.

In this decision, the Appeals Chamber dealt with the Prosecution’s requests to appoint an independent counsel to review potentially privileged material received from the Serbian Authorities on 22 January 2010 and 9 March 2010 for the limited purpose of determining whether any lawyer-client privilege.

7. The Appeals Chamber recalls that, pursuant to Rule 97 of the Rules, all communications between lawyer and client shall be regarded as privileged, and consequently not subject to disclosure in the absence of the client’s consent or voluntary disclosure to a third party. This privilege is vital to the defence of an accused or appellant by allowing for the open communication between attorney and client necessary for effective legal assistance as guaranteed under Article 21(4)(d) of the Statute. […]

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ICTR Statute Article 20(4)(d) ICTY Statute Article 21(4)(d) ICTR Rule Rule 97 ICTY Rule Rule 97