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UNESCO Guide for Amicus Curiae Interventions in Freedom of Expression Cases

Paris: UNESCO (2021), 16 pp.

CC BY-SA

"This guide aims to provide practical information and guidance to civil society organisations who consider intervening in cases before national or international courts as so-called ‘amicus curiae’ or ‘third party intervener’. It is focused on interventions in cases concerning freedom of expression and the safety of journalists, but the information it provides is broadly applicable to other human rights cases as well. The legal term often used for these interventions is ‘amicus curiae intervention’. ‘Amicus curiae’ is a Latin term that literally means ‘friend of the court’. It indicates a person or organisation who participates in the case to provide an external perspective, independent from the parties. There are different interpretations as to what the ‘proper’ role of an amicus curiae is. This guide uses the term to describe a civil society organisation that intervenes in a case which is closely connected with that organisation’s mission (for example, a media freedom NGO intervening in the case of a journalist standing trial for defamation) to provide their perspective on the case. In some countries and before some courts, the term ‘third party’ or ‘third party intervener’ is preferred." (Introduction)
1 Strategic considerations, 3
2 Case studies, 5
3 Practicalities, 8
4 Technical requirements, 10
5 How to write it? An effective amicus curiae brief, 14
6 Follow-up! 16