Associate Professor Mervyn Cheong has been appointed to the International Criminal Court’s List of Counsels

NUS Law congratulates Associate Professor Mervyn Cheong ’08 on his recent appointment to the International Criminal Court’s (ICC) List of Counsels.

Officially effective on 19 January 2022, this appointment gives Mervyn the privilege of acting as lead counsel in the defence of suspects/accused persons or in the representation of victims in ICC proceedings. He has also volunteered to be on the list of Duty Counsels who may, at the ICC Registrar’s request at any time, be appointed to represent any person before the ICC or to represent the interests of the defence, on an urgent basis.

Mervyn is the second Singaporean to be admitted to the List. The first Singaporean that was included in the List was approximately 15 years ago, and he is also an alumnus of NUS Law, Mr Foo Cheow Ming ’89. Currently, the List comprises more than 400 lawyers from around the globe.

When asked about his appointment and the work that he will be undertaking with the ICC, he said, “I feel excited about my admission to the List. It gives me an opportunity to carry out court advocacy in an international forum and it will be a great experience to cross swords with judges, prosecutors, and counsels from different jurisdictions. A unique aspect of the proceedings at the ICC is that all parties are working with one key objective in mind, i.e., to help build a more just world. The work that the ICC does is in line with our Centre for Pro Bono & Clinical Legal Education’s roots of growing the rich tradition of pro bono work among our faculty colleagues and students, and help promote access to justice. It is another source of potential pro bono work for us to be involved with. I also hope that when I receive an assignment, it will give the students participating in my clinic a novel perspective on criminal practice, especially in relation to representing victims.

It is an honour for me to be admitted to the ICC’s List of Counsels. I look forward to contributing to the ICC’s work. I also hope that, with this appointment, I can offer students a unique opportunity to learn about criminal practice.”

About the International Criminal Court

The ICC is founded under the Rome Statute, which entered into force on 1 July 2002 and currently grants the ICC jurisdiction over 4 “most serious crimes of concern to the international community as a whole”: genocide, crimes against humanity, war crimes and crimes of aggression. It is the first permanent, treaty-based international criminal court. It is intended to complement national criminal justice systems and can intervene where a State is unable or unwilling to genuinely carry out the investigation and prosecution of perpetrators. There are currently 123 countries who are State Parties to the Rome Statute. The United Nations (UN) recognizes the ICC as an independent permanent judicial institution, and the UN and ICC cooperate closely with each other whenever appropriate. The ICC comprises 4 organs: the Presidency, the 3 Divisions of the Court (Pre-Trial, Trial and Appeals), the Office of the Prosecutor and the Registry. The judges and Prosecutor of the ICC are elected by the Assembly of State Parties. There have thus far been 31 cases and 17 investigations commenced in the ICC including investigations into whether any alleged crime with the jurisdiction of the ICC was committed in the Philippines in the context of the ‘war on drugs’ campaign as well as in the context of the situation in Ukraine.

Suspects and accused persons have the right to freely choose counsel to represent them in the ICC proceedings. If appointed, a defence counsel is responsible for constructing the defence team including the selection of associate counsel, legal assistants, case managers, resource-persons, and professional investigators. The defence is a key component of ensuring a fair trial in the proceedings. The ICC also has a legal aid system to guarantee the rights of suspects and accused persons to legal representation even where they lack sufficient resources.

An interesting aspect is the privilege to act for victims to present their views and concerns in the ICC proceedings. At the ICC, victims have the right to participate in proceedings and request reparations, and not only testify as witnesses. The ICC has an Office of Public Counsel for Victims that provides legal assistance to victims without charge.