measured tones. “This confirmation hearing into the charges levied against August William Tyler is now in order. Please be seated.” Denise sat down and automatically donned her headset. Although the official languages of the court were Arabic, Chinese, English, French, Russian, and Spanish, the working languages were English and French. Because Gus, the accused, spoke English, the trial would be conducted in that language. She listened to the French channel to insure the translator was correctly interpreting the proceedings. Satisfied, she removed her headset and brushed her hair back into place.
After confirming that all parties were present, Landis asked if there were any objections, observations, or petitions for the Pre-Trial Chamber’s consideration. Both Denise and Melwin said there were none. Landis turned to Gus. “Have you received a copy of the document containing the charges brought against you?”
“Yes, your Honor, I have,” Gus replied.
“Do you understand these charges?” Landis asked.
“Yes, sir, I do. But there’s a problem.”
“Which is?”
“When I asked the registrar of the court to contact the American Embassy for legal counsel, I was told that I had to select my defense counsel from a pre-approved list of lawyers. I thought I had the right to choose my own lawyers.”
Denise came to her feet. “Your Honor, if I may. The accused indeed has that right under Article Sixty-seven of the Rome Statute. However, Rule Twenty-two of the Rules of Procedure and Evidence requires that the counsel for the defense shall have an established competence in international law and procedure. To that end, and in conjunction with Rule Twenty-one, the registrar must create and maintain a list of counsel who meet the criteria of Rule Twenty-two. It is from that list that the accused must select his defense counsel. As the defendant rejected all the names on the list, the presidency of the court assigned Mr. Melwin as his defense counsel.”
Gus shook his head at the flow of numbers. “Are we playing Bingo here?” Fortunately, the judges did not hear it. Gus raised his voice, full of command. “I am not represented by Mr. Melwin.” Denise sucked in her breath, totally caught off guard by the force of his voice.
“May I ask why you object to Mr. Melwin?” Landis asked.
“He’s a fool,” Gus said. Denise came alert, quickly revising her estimate of Gus. He had correctly pigeonholed Melwin and effectively dismissed him before he could compromise his defense. “As soon as I’m allowed to contact the American Embassy or my family, I’ll arrange for my own counsel.”
“Your Honor,” Denise said, “Mr. Tyler is charged as a Panamanian citizen. The United States Embassy has no interest in this matter.” Gus looked at her thoughtfully.
The three judges conferred briefly before Landis spoke. “The registrar will review Mr. Tyler’s request for change of counsel and allow him to contact the American Embassy, if the registrar so deems. Mr. Tyler, as you are not aware of the court’s procedure I will, at this point, indulge you to a degree. This court draws on both the Romano-Germanic tradition of accusatory law and the adversarial approach of common law, with which you are familiar. For the time being, Mr. Melwin will remain the defense counsel of record. I suggest you listen to him. Do you understand all that I have said?”
“Yes, your Honor, I do.” Nothing in his voice indicated that his surroundings or the judge cowed him. “However,” Gus said, “I have another question.”
Landis blinked twice, obviously irritated. “Which is?”
“Why am I here? I am a citizen of the United States and my country does not recognize the court.”
Denise came to her feet. “Your Honor, if I may?”
Landis seemed relieved to hear from her. “Proceed.”
“Mr. Tyler is …”
Gus interrupted her. “It’s Colonel Tyler.”
“The court decides its own protocols,” Denise said. “You will