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International Bar Association

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A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence . The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public.

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66-714: The International Bar Association ( IBA ), founded in 1947, is a bar association of international legal practitioners, bar associations and law societies. The IBA in 2018 had a membership of more than 80,000 individual lawyers and 190 bar associations and law societies. Its global headquarters are located in London, England, and it has regional offices in Washington, D.C., United States, Seoul , South Korea and São Paulo , Brazil. Representatives of 34 national bar associations gathered in New York City, New York on 17 February 1947 to create

132-959: A B.S. in Economics (1979) and a J.D. (1984) from Florida State University. He completed two research grants to the European Union , one at the Institut d’Etudes Europeenes in Brussels, focussing on the law and institutions of the European Union, and the other at the Inter‑University Centre of postgraduate studies in Dubrovnik, in the Comparative Policy Studies Program for Yugoslav‑American Studies. In 2010, Ellis received his PhD in international law from King's College, London . He has

198-519: A Memorandum of Understanding (MOU) on cooperation to ensure accountability for war crimes and other international crimes. In November 2022, the IBA and Ukraine’s Ministry of Justice and Coordination Centre for Legal Aid Provision announced a Memorandum of Understanding to deepen engagement with Ukraine’s legal profession. As part of this, a Ukrainian language version of the IBA-founded eyeWitness to Atrocities app

264-494: A clear commitment to the international legal principles of distinction and proportionality." On 22 December 2023, the IBA condemned Israel’s “wholly indiscriminate and disproportionate attacks on Gaza” and reiterated calls for an immediate ceasefire. The IBA also noted that humanitarian aid had been “weaponised” in Gaza, “with Israeli forces deliberately blocking the delivery of water, food, fuel and medicine for over two months.” The IBA

330-947: A member of the Advisory Panel to the Defence Counsel for the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. In 2013, he was admitted to the List of Assistants to Counsel of the International Criminal Court. In 2014, Ellis chaired the Second International Meeting of Defence Offices at the Peace Palace in The Hague. Moreover, Ellis

396-439: A memorandum of understanding on cooperation to ensure accountability for war crimes and other international crimes including the crime of aggression. On 11 October 2023, the IBA strongly condemned what it called the "heinous" 2023 Hamas attack on Israel , saying the "indiscriminate and targeted atrocities against Israeli citizens contravene an unequivocal, non-derogable prohibition under international law. The murder of civilians,

462-525: A number of subject-specific private associations, which are not denominated as bar associations by name but which serve similar functions in terms of providing their members with useful publications, networking opportunities, and continuing legal education . The largest association of defense counsel is the Defense Research Institute, which describes itself as "The Voice of the Defense Bar", while

528-597: A person becomes a licensee of a Provincial Bar Council after fulfilling certain requirements. He must have a valid law degree LL.B from a recognized university by the Pakistan Bar Council , must offer certain undertakings, and pay the Provincial Bar Council fees. Furthermore, he shall join any bar association as a member. Tehsil bar associations work under the umbrella of District Bar Association, District Bar Association under Provincial Bar councils, such as

594-624: A person becomes an Attorney-at-Law of the Supreme Court of Sri Lanka after completing passing law exams at the Sri Lanka Law College which are administered by the Council of Legal Education and spending a period of six months under a practicing attorney of at least eight years standing as an articled clerk . Attorneys may opt to become a member of the Bar Association of Sri Lanka . In

660-517: A post- law-school training in a provincial law society program, and undergoing an apprenticeship or taking articles . Legal communities are called provincial law societies , except for Nova Scotia , where it is called the Nova Scotia Barristers' Society, and Quebec , where it is called the Barreau du Quebec . The Canadian Bar Association (and its provincial and territorial branches)

726-608: A twin brother named Scott Ellis , who is an American stage director and television director . Between 1984 and 1986, Ellis worked as an attorney for Johnson and Associates in Tallahassee where he represented clients on matters dealing with administrative and governmental law, international law, tax law, and trial litigation. From 1988 to 1990, Ellis worked in Washington, D.C. as an attorney at Klayman & Gurley, where he specialised in international trade matters, foreign direct investment and U.S. anti-dumping regulations. He represented

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792-700: A variety of projects in the field of human rights and rule of law, particularly concerning the independence of the judiciary and fair trial rights. The IBA issues codes and guidance on international legal practice. The IBA Rules on the Taking of Evidence in International Arbitration, adopted in 1999 and revised in 2010, are used by some parties in international commercial arbitration. The IBA has also issued IBA Guidelines on Conflicts of Interest in International Arbitration, IBA Guidelines for Drafting International Arbitration Clauses, and IBA Principles on Conduct for

858-722: Is Co-Chair of the Advisory Board to New Perimeter, a nonprofit affiliate of the multinational law firm DLA Piper , and, in 2022, became Chair of the CEELI Institute ’s Management Board. He is a member of the Crimes Against Humanity Initiative Advisory Council, a project of the Whitney R. Harris World Law Institute at Washington University School of Law in St. Louis to establish the world's first treaty on

924-548: Is a professional association of barristers, solicitors and advocates that serves the roles of advocates for the profession, provides continuing legal education and member benefits. It does not play a part in the regulation of the profession, however. In India under the legal framework set established under the Advocates Act, 1961, a law graduate is required to be enrolled with the Bar Council of India . The process of enrollment

990-778: Is an international criminal law attorney and the executive director of the International Bar Association . He has been admitted as a Fellow to King's College London. Ellis was a member of the UN-created Advisory Panel on Matters Relating to Defence Counsel of the Mechanism for International Criminal Tribunals . From 1989 to 2000, Ellis was executive director of the American Bar Association Central European and Eurasian Law Initiative . From 1999 to 2000, Ellis acted as Legal Advisor to

1056-575: Is called a mandatory, integrated, or unified bar, and is a type of government-granted monopoly . They exist at present in a majority of U.S. states : Alabama , Alaska , Arizona , Florida , Georgia , Hawaii , Idaho , Kentucky , Louisiana , Maine , Michigan , Mississippi , Missouri , Montana , Nebraska , Nevada , New Hampshire , New Mexico , North Dakota , Oklahoma , Oregon , Rhode Island , South Carolina , South Dakota , Texas , Utah , Virginia , Washington State , West Virginia, Wisconsin , and Wyoming . The District of Columbia ,

1122-699: Is delegated by the Bar Council of India to the state Bar Councils wherein almost each state has a Bar Council of its own. Once enrolled with a State Bar Council, the law graduate is recognized as an Advocate provisionally for a period of two years, within which they must clear the All India Bar Examination (AIBE) conducted by the Bar Council of India. Once the advocate clears the AIBE test, they are entitled to appear and practice before any court of law in India. There

1188-582: Is divided into two divisions – the Legal Practice Division (LPD) and the Public and Professional Interest Division (PPID). Each Division houses various committees and fora that are dedicated to specific practice areas. These committees and fora issue publications that focus on international legal practice. The PPID houses the Bar Issues Commission (BIC) and Human Rights Institute (IBAHRI). The BIC

1254-455: Is needed to rebuild workable justice systems in post-conflict countries. Moreover, Ellis initiated the creation of eyeWitness to Atrocities , a mobile phone application directed at using pictorial evidence of international crimes in a court of law. The eyeWitness project uses social media to document crimes in a secure and verifiable way. It addresses evidentiary challenges to the use of photographic evidence by capturing metadata, including

1320-557: Is no formal requirement for further membership of any Bar Association. However, Advocates do become members of various local or national bar associations for reasons of recognition and facilities which these associations offer. Some well-known Bar Associations in India include the Supreme Court Bar Association , Delhi High Court Bar Association , Bombay Bar Association , Delhi Bar Association , National Bar Association of India, All India Bar Association, etc. In Pakistan ,

1386-595: The Hispanic National Bar Association or Los Angeles County Bar Association . Such associations often advocate for law reform and provide information in bar journals , pro bono services or a lawyer referral service to the general public. In 2017, the California State Legislature split off the education, lobbying, and young lawyers sections of that state's Bar in order to create the voluntary California Lawyers Association. This split

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1452-657: The Independent International Commission on Kosovo , chaired by Justice Richard J. Goldstone , and was appointed by the Organization for Security and Co-operation in Europe to advise on the creation of Serbia's War Crimes Tribunal. He was involved with the trial of Saddam Hussein and also acted as legal advisor to the defense team of Nuon Chea at the Cambodian War Crimes Tribunal . In 2013, Ellis

1518-734: The International Federation of Accountants (IFAC) and the International Organisation of Employers (IOE). In 2020, the IBA filed a submission to the United Nations Special Rapporteur on Violence Against Women , its causes and consequences, with a view to informing her report on Rape as a grave and systematic human rights violation and gender-based violence against women . The submission contained 20 recommendations to UN Member States in light of their responsibility to criminalise and prosecute rape, including

1584-568: The Punjab Bar Council , Sindh Bar Council , Balochistan Bar Council and Khyber Pakhtunkhwa Bar Council . To become an advocate, one must first complete six months pupillage with a practising advocate of High Court, whom they must assist on at least ten cases during a six-month pupillage. Some well-known Bar Associations in Pakistan include the Supreme Court Bar Association of Pakistan , Lahore High Court Bar Association etc. In Sri Lanka ,

1650-791: The UN General Assembly and the UN Economic and Social Council (ECOSOC) since 1947. On 9 October 2012, the IBA signed a memorandum of understanding with the Organisation for Economic Co-operation and Development (OECD). The IBA also partners with the OECD and United Nations Office on Drugs and Crime (UNODC) in the Anti-Corruption Strategy for the Legal Profession, an anti-corruption initiative for lawyers. The IBA has also partnered with

1716-426: The "bar association" comprises lawyers who are qualified as barristers or advocates (collectively known as "the bar", or "members of the bar"), while the " law society " comprises solicitors . These bodies are sometimes mutually exclusive, while in other jurisdictions, the "bar" may refer to the entire community of persons engaged in the practice of law . In Canada , one is called to the bar after undertaking

1782-781: The Afghanistan Independent Bar Association (AIBA), eventually establishing the Afghanistan Independent Bar Association in Exile (AIBAIE) . In June 2024, the AIBAIE was formally granted membership status of the IBA. In February 2024, the BBC published a report detailing documented instances of Israeli soldiers abusing and humiliating Palestinian detainees, which Ellis said showed possible violations of international law regarding prisoners of war. In 2022, Ellis

1848-874: The Democratic Republic of Congo, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Zambia and Zimbabwe. During the setup of the Iraqi High Tribunal that tried Saddam Hussein , Ellis created an initiative to train and advise the Tribunal's judges and prosecutors, with support from the British Foreign Office . Ellis conceived and set in motion the International Legal Assistance Consortium (ILAC), headquartered in Stockholm. For over twenty years, ILAC provided initial assessments of what

1914-824: The Deputy Head of the Office of the President Iryna Mudra, Ellis voiced support for the establishment of a Special international tribunal for the crime of aggression against Ukraine . In August 2022, Ellis was admitted to the Ukrainian Bar Association after receiving the "Order Defender of the Ukrainian Bar”. On 29 November 2022, spoke at the Russian War Crimes Exhibition in London hosted by First Lady of Ukraine Olena Zelenska . On 30 March 2023,

1980-431: The IBA. Initial membership for the first two decades was limited to bar associations and law societies, but in 1970, IBA membership was opened to individual lawyers. Members of the legal profession including barristers , advocates , solicitors , members of the judiciary, in-house lawyers, government lawyers, academics and law students comprise the membership of the IBA. The IBA has held Special Consultative status before

2046-756: The Kosovo Force was reluctant and did not have the capability to prevent violence against ethnic minorities and that the Kosovo Liberation Army and other Albanians ethnically cleansed Kosovo after the international presence was established in Kosovo. In 2000, Ellis became the executive director of the International Bar Association, the largest international organization of bar associations and individual lawyers, comprising 203 bar associations and 80,000 individual members from 194 countries. Since then,

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2112-410: The Legal Profession (2011). The IBA has an award that is given to an outstanding female lawyer judged to be most deserving of that recognition. It is awarded every other year and is sponsored by LexisNexis . It includes a US$ 5,000 donation to a charity of the winner’s choice. Past recipients of the award include: Bar association Some bar associations are responsible for the regulation of

2178-618: The Rule of Law and contributions to international legal reform . He is a recipient of The Florida State University's Distinguished Alumni Award (2013) and the Faculty Senate Torch Award (2014). He was also named distinguished FSU alumnus by the FSU College of Social Sciences. In 2019, Ellis was awarded ILAC Lifetime Membership for his commitment to advancing the rule of law in conflict-affected and fragile countries. In 2022, Ellis

2244-793: The Shadow of the Holocaust." In 2022, he was interviewed by Don Franzen, the Los Angeles Review of Books' legal affairs editor, on Russia’s invasion of Ukraine . In 1998, Ellis received the American Bar Association's World Order Under Law Award . In 2010, he was recognized by Lawyer Magazine as one of the top 100 lawyers in the UK. In October 2014, Ellis received the United States Department of State Recognition of lifelong commitment to

2310-527: The U.S. Senate providing advice and consent to any nominee who is not a member of any bar. The unofficial practice of the American Bar Association publicly rating the qualifications of judicial nominees has strengthened the imperative to nominate lawyers on the bar. There are various professional associations of judges, such as the American Judges Association, that perform some of the educational and other service functions of bar associations. Mark Ellis (lawyer) Mark Steven Ellis (born April 19, 1957)

2376-530: The U.S. Virgin Islands, Guam and the Northern Mariana Islands also have unified bars. The mandatory status of the Puerto Rico Bar Association was eliminated in 2009 by an act of the legislature, and ratified by the recently appointed majority of the Puerto Rico Supreme Court. By act of the Puerto Rico legislature, the mandatory status was reinstated in June 2014. The Supreme Court of Puerto Rico struck down this act in October 2014, finding that it unconstitutionally usurped its powers. In some states, like Wisconsin,

2442-489: The United States Information Agency (AmPart Program) on three separate programs in Central and Eastern Europe on formulating new investment policies. From 1985 to 2000, Ellis acted as a senior consultant to the Foreign Investment Advisory Service of The World Bank . In that role, he focused on the legal environment for foreign investments in FSFR countries and the Balkans and advised Central and Eastern European governments on their draft investment laws. In 1989, Ellis became

2508-418: The United States require that some or all judges be members of the bar; typically these limit or completely prohibit the judges from practicing law while serving as a judge. The United States Constitution contains no requirement that Federal judges or Supreme Court of the United States justices be members of the bar. However, there are no modern instances of the President of the United States nominating or

2574-556: The United States, admission to the bar is permission granted by a particular court system to a lawyer to practice law in that system. This is to be distinguished from membership in a bar association. In the United States, some states require membership in the state bar association for all attorneys, while others do not. Although bar associations historically existed as unincorporated voluntary associations , nearly all bar associations have since been organized (or reorganized) as corporations . Furthermore, membership in some of them (see

2640-466: The assaults, and the trespass into private homes to kill and maim are all internationally recognised crimes of profound gravity; the abductions and taking of hostages, including women, children and the elderly , are crimes in violation of human rights and humanitarian law . The IBA went on to state that Israel, in taking defensive action, “must ensure that [Palestinian] civilian populations are shielded from harm and that military actions are conducted with

2706-442: The creation of the Southern African Litigation Centre , a joint project of the International Bar Association's Human Rights Institute and the Open Society Initiative for Southern Africa , and focuses on three principal areas: support for human rights cases, advice on constitutional advocacy in the Southern African region, and training in human rights and rule of law issues. It is based in Johannesburg, and operates in Angola, Botswana,

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2772-401: The criminalisation of rape as a war crime or crime against humanity , including ratification of the Rome Statute of the International Criminal Court . In February 2023, the IBA reiterated its condemnation of "the illegal invasion of Ukraine , a sovereign nation," and stressed the need to hold the aggressor to account for its war crimes . The IBA and the Prosecutor General of Ukraine signed

2838-402: The defence team. Ellis was later appointed by the tribunal as a member of the Disciplinary Advisory Panel to the Defence Counsel for the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda. He later became President of the Coalition for International Justice. The Independent International Commission on Kosovo, chaired by Richard Goldstone ,

2904-440: The fields of international criminal law and international human rights law, and has published editorials in The New York Times, Washington Post, The London Times and the Huffington Post. Since 2018, Ellis contributes to Los Angeles Review of Books , where he has published reviews on William Schabas's "The Trial of the Kaiser", Michael Sfard's "The Wall and the Gate", Philippe Sands' "The Ratline," and Michael Fleming 's "In

2970-500: The first executive director of the American Bar Association Central European and Eurasian Law Initiative, since 2007 part of the American Bar Association Rule of Law Initiative . The initiative was created after the fall of the Berlin Wall , with the purpose of providing international legal technical assistance to countries in Europe and Eurasia. When the International Criminal Tribunal for the Former Yugoslavia conducted its first trial, Ellis initiated and oversaw an assistance program for

3036-455: The first national association for lawyers whose membership was open to all races and religions. Most American law schools have a student bar association , which is a student organization that fulfills various functions, including sometimes serving as the student government . Judges may or may not be members of the bar. Etymologically, they sit "on the bench", and the cases which come before them are "at bar" or "at bench". Many states in

3102-410: The hash values of photos, videos, and audio recordings. The pixel value can be used to verify that footage has not been edited or altered. The information received is reviewed by an expert team, who then seeks to ensure that the data is used to prosecute perpetrators of international crimes. After the takeover of Afghanistan by the Taliban in 2021, Ellis spearheaded efforts to evacuate the leadership of

3168-434: The largest association of plaintiffs' counsel is the American Association for Justice (formerly the Association of Trial Lawyers of America). The American Bar Association (ABA) is the largest voluntary bar association in the United States with members from both defense, plaintiff, civil, criminal and other specialities. The National Lawyers Guild (NLG) is an association of progressive attorneys and legal workers, founded as

3234-458: The legal profession in their jurisdiction ; others are professional organizations dedicated to serving their members; in many cases, they are both. In many Commonwealth jurisdictions, the bar association comprises lawyers who are qualified as barristers or advocates in particular, versus solicitors (see bar council ). Membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction. The use of

3300-426: The mandatory membership requirement is implemented through an order of the state supreme court , which can be revoked or canceled at any time at the court's discretion. In others, like Oregon, the state legislature passed a law and created a government agency. California went farther than any other state and wrote the State Bar of California into its constitution . The first state to have an integrated bar association

3366-441: The next section below) is no longer voluntary, which is why some of them have omitted the word "association" and merely call themselves the "state bar" to indicate that they are the incorporated body that constitutes the entire admitted legal profession of a state. Some states require membership in a regulatory agency often called the state's bar association in order to permit them to practice law in that state. Such an organization

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3432-429: The organization has expanded in geographic scope, opening new regional offices in Latin America, Asia, North America, and The Hague. Under the umbrella of the International Bar Association's Human Rights Institute, Ellis originated their International Criminal Court Programme in The Hague, to monitor fair trial and defence related issues at the court. Ellis was also responsible, in partnership with Twanda Mutasah , for

3498-745: The practice of law, admit lawyers to practice or discipline lawyers for ethical violations. For example, the " State Bar of California " is the mandatory, regulatory agency whereas the California Lawyers Association is a voluntary educational and networking group. A statewide voluntary bar association exists in every state that has no mandatory or integrated bar association. In addition to state-wide organizations, there are many voluntary bar associations organized by city, county, or other affiliate community. Such associations are often focused on common professional interests (such as bankruptcy lawyers or in-house counsel) or common ethnic interests (such as gender , race , religion , or national heritage), such as

3564-453: The prevention and punishment of crimes against humanity. Ellis co-conceived the Stockholm Human Rights Award and is a member of the Magnitzky Award Committee. Since Russia's invasion of Ukraine in February 2022, Ellis has led the International Bar Association in its condemnation of Russia's illegal actions and initiated a series of programs to assist Ukraine. In October, the IBA and the Prosecutor General’s Office (PGO) of Ukraine signed

3630-408: The term bar to mean "the whole body of lawyers, the legal profession" comes ultimately from English custom. In the early 16th century, a railing divided the hall in the Inns of Court , with students occupying the body of the hall and readers or benchers on the other side. Students who officially became lawyers crossed the symbolic physical barrier and were "admitted to the bar". Later, this

3696-459: Was "illegal but justified." It reasoned that NATO had not been authorized by the UN Security Council, but the intervention was beneficial for the Kosovo population which was at a direct risk from the government crackdowns. However, the commission criticized NATO's Kosovo Force and the United Nations Interim Administration Mission in Kosovo for failing to protect minorities in Kosovo and allowing "reverse ethnic cleansing". The commission stated that

3762-441: Was North Dakota in 1921. Although the names may be confusing, a voluntary bar association is a private organization of lawyers and often other legal professionals. These associations focus on issues including social, educational, and lobbying functions. In states where the functions of the disciplinary bar entity is separate from the statewide voluntary bar association, the voluntary association does not, however, formally regulate

3828-400: Was a commission established in August 1999 in the aftermath of the Kosovo War . Ellis joined the commission as a legal advisor and assisted the twelve-member commission in examining key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The assessment of the Commission regarding the NATO bombing of Yugoslavia was that it

3894-611: Was adjunct professor at the Catholic University of America, Columbus School of Law. He is a current adjunct professor at Florida State University College of Law. He has given a range of lectures, speeches, keynotes and talks, covering a variety of topics from international human rights law, international humanitarian law and international criminal law. Ellis has written or edited several books focused on  international criminal law and human rights law, including: He has also written contributions to books, articles in academic journals, book reviews, and policy papers primarily in

3960-403: Was admitted to the List of Assistants to Counsel of the International Criminal Court . He is a former adjunct professor at Columbus School of Law , and a current adjunct professor at Florida State University College of Law . Ellis also serves as Chair of the Management Board of the Central and Eastern European Law Initiative (CEELI) Institute. Ellis was born in Washington D.C. He holds

4026-409: Was appointed as the new Chair of the CEELI Institute Management Board. He oversees the institute's activities in advancing the rule of law, including supporting and fostering its Central and East European Judicial Exchange Network, composed of judges from eighteen countries in the region. Ellis received two Fulbright scholarships to the Institute of Economics, Zagreb, Croatia. From 1993 to 1997, he

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4092-429: Was awarded the "Order Defender of the Ukrainian Bar”. In 2023, he received the King’s College International Impact Award. In the same year, Ellis was added to the King's College notable alumni. In August 2024, Ellis was admitted as a Fellow to King's College London. The Fellowship of King's dates back to 1847 and marks contributions by exceptional individuals to King's and/or to wider society. In 2006, Ellis became

4158-401: Was done to finalize the rationale and holding of a 1990 ruling which prohibited the required bar registration fees from being used for political purposes, relying on the First Amendment of the U.S. Constitution. As all attorney regulation is performed on the state level. there is no mandatory federal bar association. The Federal Bar Association is a private, voluntary group. There are also

4224-427: Was established in 2004 and consists of representatives from bar associations and law societies around the world. The current Executive Director of the IBA is Mark Ellis . The IBA's Human Rights Institute (IBAHRI) was established in 1995 under the honorary presidency of Nelson Mandela . The mission statement of the IBAHRI is "to promote, protect and enforce human rights under a just rule of law". IBAHRI undertakes

4290-442: Was launched to capture potential evidence of war crimes. Since the beginning of Russia's full-scale invasion in February 2022, Ellis has traveled to Ukraine on multiple occasions. He has been an outspoken proponent to bringing Russian war criminals to justice and holding the Russian leadership accountable for launching the war. Consequently, he was placed on the Russian Government’s sanctioned list. In April 2024, during talks with

4356-481: Was popularly assumed to mean the wooden railing marking off the area around the judge's seat in a courtroom, where prisoners stood for arraignment and where a barrister stood to plead. In modern courtrooms, a railing may still be in place to enclose the space which is occupied by legal counsel as well as the criminal defendants and civil litigants who have business pending before the court. In many Commonwealth jurisdictions, including in England and Wales ,

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