PART II
PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS

Legal representation of certain persons
5.—(1) The court before which —

(a) any person is brought up for trial for an offence under section 3; or

(b) a protected prisoner of war is brought up for trial for any offence,

shall not proceed with the trial unless —

(i) the accused is represented by counsel; and
(ii) it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel,

and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other written law, the court may remand the accused for the period of the adjournment.

(2) Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him, counsel instructed for the purpose on behalf of the Protecting Power shall, without prejudice to the requirements of subsection (1)(ii), be regarded for the purposes of that subsection as representing the accused.

(3) If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or instructed as mentioned in subsection (2), counsel assigned in pursuance of this subsection shall, without prejudice to the requirement of subsection (1)(ii), be regarded for the purposes of that subsection as representing the accused.

(4) Counsel shall be assigned, in pursuance of subsection (3), in such manner as the Minister may by order prescribe, and any counsel so assigned shall be entitled to be paid out of moneys provided by such sums in respect of fees and disbursements as the Minister may by regulations prescribe.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it