ASSOCIATION OF DEFENCE COUNSEL

PRACTISING BEFORE THE INTERNATIONAL CRIMINAL TRIBUNAL

FOR THE FORMER YUGOSLAVIA

 

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ADC-ICTY News

 

 Defence Symposium with Stéphane Bourgon

On 12 April 2012, Defence Counsel and former military legal advisor to the Canadian Armed Forces Stéphane Bourgon conducted a lecture titled “Military Organisation, Rank Structure and Operations -Everything You Ever Wanted to Know about the Military” in the ICTY Pressroom.

During the lecture Bourgon discussed the intricacies of military organization, focusing on the Army of Republika Srpska (VRS). He explained the military ranking system, detailing the differences between commissioned and non-commssioned officers, providing a breakdown of military units and command structure and discussing the usefulness of organisational charts as well as the Principles of War.

 

 The Sixth Defence Symposium

On 20 July 2011, Eugene O'Sullivan led a discussion on the Role and Responsibility of Defence Counsel in International Criminal Courts. The symposium was attended by around 40 people and Mr. O'Sullivan shared his wealth of experience.

 

 The Fifth Defence Symposium

The fifth Defence Symposium for ADC-ICTY interns was held on 15 March 2011 from 15:30 – 17:00 in the ICTY Press Room. The Symposium was led by Michael Karnavas, lead counsel for Dr. Jadranko Prlic and international co-lawyer for IENG Sary. Michael Karnavas talked about “Judicial Ethics at the ICTY and the ECCC” and motivated the approximately 30 interns to engage in a lively discussion.

 

 

 The Fourth Defence Symposium

The fourth Defence Symposium for ADC-ICTY interns, covering the topic “Radovan Karadzic and the Right of Self-Representation” was held on 01 February 2011 from 15.00 - 16.00 in the ICTY Press Room. The Symposium was be led by Peter Robinson, legal advisor for Radovan Karadzic. Peter Robinson explained the development of the right of self-representation at the ICTY in the cases of Slobodan Milosevic and Vojislav Seselj and discussed the execution of this right in the case of Radovan Karadzic with approximately 35 interns.

 

 The Third Defence Symposium

The third Defence Symposium for ADC-ICTY interns was held on 14 December 2010 in the ICTY Press Room. The Symposium was led by Eugene O’Sullivan, defence counsel at the ADC-ICTY, and covered the topic “Role and Responsibility of the Defence Counsel in International Criminal Courts”.

 

 The Second Defence Symposium

 

The second Defence Symposium for ADC-ICTY interns was held on 11 November 2010 from 11.00 - 12.00 in the ICTY Press Room. The Symposium was be led by Defence Counsel, Wayne Jordash and discussed the topic of Joint Criminal Enterprise in international law.

 

 ADC-ICTY Annual General Assembly

On 24 October 2010, the ADC-ICTY held its Annual General Assembly. The Assembly discussed the reports of the ADCICTY Committees for the past year. A proposal was made to re-instate the Ad-Hoc Post-Convictions Committee, to give a Defence perspective on post-conviction issues. The General Assembly unanimously agreed to re-instate this committee and it was re-named the Ad-Hoc Post-Tribunal Matters Committee.

 

The legacy of Defence at the ICTY was discussed. Members noted that it was important that the ADC makes efforts to preserve its legacy. It was agreed to initiate a compilation of short stories about “what really happened” written by Defence Counsel over the years. It was agreed that the Head Office would compile an electronic version of these stories and publish it through the website. The deadline for submission of these short stories was agreed to be September 2011 to fall in line with the planned ICTY Legacy Conference.

 

The Annual General Assembly was concluded with a vote on the members of the ADC-ICTY Committees. 

 

 ADC-ICTY Appeals Training 

On 23 October 2010, the ADC-ICTY organized an Appeals Training for the members of the Association. The training took place at the Bel Air Hotel, with the participation of approximately 30 members of the Association of Defence Counsel practicing before the ICTY. The programme included presentations by Defence Counsels, Michael Karnavas, Gregor Guy-Smith and Colleen Rohan as well as Paul Rogers, Senior Appeals Counsel with the of the Office of the Prosecutor at the ICTY. Participants discussed issues such as: drafting an appeal; the significance of raising motions at the trial stage and post-conviction matters. The training concluded on 24 October 2010 and has received positive feedback from the participants.

 

  Fire, Safety and Security Briefing

On 5 October 2010, around 20 members of the ICTY Defence attended the monthly Fire and Safety and Security induction meeting. This marked the first time the Defence was invited to participate in the induction meetings held each month for incoming staff of the Office of the Prosecutor, Chambers, the Registry and General Service Staff. This session stressed the importance of fire safety, knowing your exit routes, your floor warden and evacuation procedures in case of an emergency. It is strongly recommended that if you have not already attended one of the monthly induction services that you do so. For more information about upcoming induction sessions please email, Head of Office, Dominic Kennedy at: dkennedy@icty.org.

 

 The First Defence  Symposium

The Association of Defence Counsel Practising before the ICTY held its first Defence Symposium covering the topic of “Superior Responsibility” on 5 October 2010. The Symposium was led by Dr.Guénaël Mettraux, a Defence Counsel at the ICTY and leading academic in International Criminal Law. Dr. Mettraux discussed the topic with approximately twenty-five Defence Interns. The discussion was both from a practical and a theoretical perspective and engaged the interns in active dialogue. Dr. Mettraux is the author of the newly published book on “The Law of Command Responsibility.

 

 

 

 

News and Publications from Members

 

Lecture by Colleen Rohan

26 January 2011

On 21 January 2011, Colleen Rohan, Counsel on the Karadzic Standby Defence Team and Balaj Defence Team, gave a lecture at the Asser Institute on "Trial by Soundbite: Eroding the Presumption of Innocence" during the inaugural conference of the new Inter-Faculty Research Platform on International Criminal and Humanitarian Law, initiated by the University of Amsterdam, the TMC Asser Instituut, Leiden University and the Free University Amsterdam. More information on the lecture can be found on the Defence Rostrum section of Issue 7 of the ADC-ICTY newsletter.

Article by Jens Dieckmann

Jens Dieckmann has published the following article:

Jens Dieckmann, Christina Kerll, January 2011. Representing the General Interest of the Defence: Boon or Bane? - A Stock-Taking of the System of ad hoc Counsel at the ICC. Internatinal Criminal Law Review, 11(1), pp.105-136.

Principles of Evidence in International Criminal Justice

Oxford University Press published "Principles of Evidence in International Criminal Justice," a compilation of practice-oriented articles, edited by ADC-ICTY members Karim Khan and Christopher Gosnell as well as Caroline Buisman. It contains chapters written by ADC-ICTY members; Karim Khan, Christopher Gosnell, Colleen Rohan and ex-ADC-ICTY member Peter Murphy (now His Honor Judge Peter Murphy), with contributions from a number of legal assistants and interns working at the ICTY. Click here for further information on this publication.

Lecture by Steven Kay

3 November 2010

On 3 November 2010, Steven Kay delivered a Lecture entitled "Bangladesh War Crimes Tribunal - A Wolf in Sheep's Clothing?" as a part of the Supranational Criminal Law Lecture Series at the Asser institute in the Hague. More information on the lecture can be found in the Defence Rostrum section of Volume 1, Issue 5 of the ADC-ICTY newsletter. Click here for more information.

Lecture by Richard Harvey

27 October 2010

On 27 October 2010, Richard Harvey, Lead Counsel on the Karadzic Standby Defence Team, gave a lecture at the Asser Institute on "The Rights of Defence in International Criminal Tribunals". More information on the lecture can be found on the Defence Rostrum section of Volume 1, Issue 4 of the ADC-ICTY newsletter.

Publication by Michael Karnavas

Michael Karnavas has published the following article:

Michael G. Karnavas, Joint Criminal Enterprise At The ECCC: A Critical Analysis Of The Pre-Trial Chamber’s Decision Against The Application Of JCE III And Two Divergent Commentaries On The Same, Criminal Law Forum, DOI 10.1007/s10609-010-9124-y, Published online: 03 November 2010.

Publication by Scott T. Johnson

Scott T. Johnson has published the following article:

Scott T. Johnson, Neither Victims Nor Executioners: The Dilemma of Victim Participation and the Defendant’s Right to a Fair Trial at the International Criminal Court, ILSA Journal of International & Comparative Law, Vol. 16, No. 2 (2010), at 489.

Book Review by Scott T. Johnson

Scott T. Johnson has reviewed the following book:

Antonio Cassese (editor-in-chief), The Oxford Companion to International Criminal Justice (Oxford 2009) and Military Commission Reporter, Vol. 1 (Oct. 17, 2006 – June 1, 2009) (National Institute of Military Justice 2009).

The book review appeared in The Champion, Vol. XXXIV, No. 5 (May 2010), at 55.