IBA

International Bar Association (IBA)

The IBA is a major organisation of lawyers worldwide and covers just about every area of law you can think of. With the advent of terrorism, war crimes, the internet, ease of cross-border travel, profits to be made from child and adult pornography/drugs/arms sales, crime is becoming increasingly global. Countries can assist each other through support and cooperation to make possible the many benefits of sharing ideas, structures, strategies and aims. A transnational approach to legal issues can only be in the interests of all countries, especially those with weak governments and legal processes/systems that do not have resources to maintain law and order.

The Criminal Law Committee of the IBA works to:

- build support networks, share experiences and expertise with other legal jurisdictions; exchange tactics, strategies, papers, specialist lawyers, government agencies and NGOs working in the areas of interest for criminal law;

- provide education and advocacy in support of human rights, rule of law and administration of justice.

New Zealand can not only learn from the experiences of other nations, but can contribute valuable experience and expertise to the pool of debate and knowledge. In the role of Chair of the Criminal Law Committee of the IBA, Marie has the opportunity to be involved in key issues and to bring them to the NZ table. For example, in:

• Establishment and strengthening of working relationships with associated IBA committees and other organisations, particularly regarding issues such as Human Rights, Indigenous Peoples, Access to Justice and Business Crime.
• Work for the rights of persons accused of crimes, to ensure fair trials.
• Work with other countries for the development of laws and means of enforcement, deterrence and punishment for cross-border crimes.

The Rule of Law is fundamental to the western democratic order. Essential characteristics are:

• The supremacy of law, which means that all persons (individuals and government) are subject to law
• A concept of justice which emphasises interpersonal adjudication, law based on standards, and the importance of procedures
• Restrictions on the exercise of discretionary power
• The doctrine of judicial precedent
• The common law methodology
• Legislation should be prospective and not retrospective
• An independent judiciary
• The exercise by Parliament of the legislative power and restrictions on exercise of legislative power by the executive
• An underlying moral basis for all law.

At present there are serious attacks on the Rule of Law - for example:

- the detention of prisoners in Guantanamo Bay without trial or the rights and protections of the Geneva Convention;

- the use of information in court arising from the use of torture;

- secret interrogation camps;

- abduction of persons for removal to uncivilised countries for interrogation, particularly Egypt, Syria (outcome is death) and other countries that do not have civil rights and Bill of Rights legislation and practice;

- abolition of the right to silence; failure to provide access to justice to the poor and disadvantaged and many other examples.

Because New Zealand enjoys the reputation of being a civilised and democratic nation, and is relatively safe from imminent danger from terrorism, corruption and torture, Marie believes that we can be strong advocates in speaking out against such crimes. New Zealand can also provide resources to countries less fortunate, including some of our own innovative systems, such as Restorative Justice.

Marie strongly believes that New Zealanders need to be informed and concerned about what is happening to people who are being denied fair trials and subjected to inhumane treatment; and that New Zealand should become involved nationally and internationally to make sure that people everywhere receive fair treatment from Governments and law enforcement agencies..