Situation in the Republic of Kenya, Prosecutor (on the application of Victims) v Ruto (William Samoei) and Sang (Joshua Arap), Reasons for the decision on the replacement of Duty Counsel for a witness, Case no ICC-01/09-01/11-1749-Red2, ICC-01/09-01/11-1749-Red2, ICL 1686 (ICC 2014), 18th December 2014, International Criminal Court [ICC]; Trial Chamber V [ICC]
Whether conflicts of interest existed between the first witness and the second witness, and between the second witness and the broader interests of justice.
Whether the Trial Chamber had the power to adjudicate on matters arising from the exercise of counsel’s duties and to remedy any breaches by, inter alia, terminating counsel representation.
Whether counsel appointed to the first witness by the Registry (‘Duty Counsel’) was allowed or obligated to inform the second witness of the existence of confidential materials to which he had access as counsel for the first witness.
Whether the Duty Counsel was able to continue to act as Duty Counsel for the first witness.