In late 2005 the Assembly of States Parties adopted the Code of Professional Conduct for Counsel of the International Criminal Court. Article 22 of the Code contains a provision on fee splitting which does not go as far as to place a positive duty on counsel to report such practices to the Registrar. This essay revisits this approach in the light of the practice of the ad hoc tribunals, the jurisprudence of the European Court of Human Rights, and existing norms in domestic legislation. It argues that the lawyer–client privilege is not absolute. Accordingly, the ICC should make it obligatory – through specific empowering clauses – for lawyers to advise their clients about the prohibition of the practice of fee splitting and to report the incident to the Registrar forthwith, notwithstanding any claim of privilege.

There have been several important developments concerning the ICTY and ICTR recently. For example, steps have been taken to improve the efficient operation of both ad hoc Tribunals, to include the addition of ad litem judges at the ICTY, an increase in the number of judges assigned to the common Appeals Chamber (to include the permanent assignment of ICTR judges to The Hague for this purpose), and amendments to the Rules of Procedure and Evidence of both ad hoc International Criminal Tribunals. In addition, efforts have been initiated to provide for compensation to victims and to individuals wrongfully detained, prosecuted or convicted. There have also been recent allegations of improper conduct by defence attorneys and investigators. The following article surveys these developments.