Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.
Norway’s ICC Act (2001) provides:
5. The suspect’s right to a defence counsel
A person who is suspected or accused of offences that come within the jurisdiction of the [International Criminal] Court is entitled to the assistance of a defence counsel of his own choice at every stage of the case. The said person shall be informed of this prior to being questioned.
If the Court has requested surrender of a person sought or other assistance from the Norwegian authorities, an official defence counsel shall be appointed for him on the same terms as provided by section 16, first paragraph, first sentence, and section 20 of the Act relating to the surrender of offenders, and sections 97, 98, 100, second paragraph, and 100a of the Criminal Procedure Act.