|News and Events
|On 6 October 2017, Michael G. Karnavas participated in an international conference and the roundtable discussion titled “Doubt in favour of the |
|defendant, guilty beyond reasonable doubt” dedicated to the launch and promotion of a comparative study publication of the same name (available in |
English here). Mr. Karnavas’s presentation provided a historical analysis of the reasonable doubt standard and the principle of in dubio pro reo, the
jurisprudence and jury instructions of various common law jurisdictions, the practice of the European Court of Human Rights, and some aspects of
the burden of proof in common law jurisdictions. The publication is part of the Organization for Security and Co-operation in Europe (OSCE)
Mission in Skopje’s efforts to support and contextualize adversarial modalities introduced to the new Macedonian criminal procedure – a hybrid
system established as part of Macedonia’s transitional justice efforts in legal reform. The publication consists of contributions from seven authors,
including Mr. Karnavas, who submitted an 85-page research paper titled “Theoretical and Practical Aspects of the Standard of Proof Beyond a
Reasonable Doubt & The Principle of In Dubio Pro Reo in Common Law Jurisdictions.” Click here for the Agenda of the conference and here for a
Synopsis of Mr. Karnavas’s presentation.
| On 23 August 2017, Michael G. Karnavas provided an intensive training session on direct examination for the Bosco Ntaganda Defence team at |
|the ICC. The training session focused on: preparation for direct examination; techniques and necessary skills; using documents; anticipating and |
responding to objections; re-direct examination; best practice on examining witnesses; and practical advice on how to avoid or deal with trouble
situations during examination of witnesses.
|On 5 July 2017, Michael G. Karnavas delivered a 1,5 hour presentation on the Rights of the Accused at the Summer School International Criminal |
|Law of the Leiden University. The summer school, organized annually, enables students and professionals from all over the world to engage in |
discussions on the prospects and challenges of international criminal law. The program and the course information are available here and here.
|On 24 February 2017, the Edward Elgar Publishing published a chapter co-authored by Kate Gibson, John RWD Jones QC, Michael G. Karnavas |
|and Melinda Taylor, titled “Regulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts |
and Tribunals” in Research Handbook on International Courts and Tribunals (William A. Schabas and Shannonbrooke Murphy eds., 2017). This
chapter examines and evaluates the different structures (independent, internal and external) protecting and regulating the defence profession at the
various international and mixed criminal courts and tribunals, and identifies defects and lacunae in the current infrastructure.
|In November-December 2016, Michael G. Karnavas was selected by the Organization for Security and Cooperation in Europe (OSCE) Mission to |
|Serbia as the International Consultant to make an assessment and submit a report with specific proposals for reform and improvement of the |
institutional and regulatory framework of the Attorney’s Academy (Academy) of the Bar Association of Serbia (BAS), and to recommend a detailed
program for the organization of the training activities and a strategic plan for a long term (2-3 years) Continuing Legal Education program. The BAS
is a national “umbrella” bar for eight regional bars with approx. 8000 members. The BAS established the Academy in 2013 for the purpose of
providing professional training for Serbian lawyers and trainees. As part of the assessment, Mr. Karnavas went on two field visits (5-7 December
and 18-21 December 2016) to conduct a series of interviews with the representatives of the BAS, the Ministry of Justice, the Judicial Academy,
civil societies, and NGOs. Mr. Karnavas submitted a preliminary report 29 December 2016.
|On 26 November 2016, International Criminal Law Review published an article by Michael G. Karnavas, Defence Counsel Ethics, the ICC Code of |
|Conduct and Establishing a Bar Association for ICC List Counsel (International Criminal Law Review, Volume 16, Issue 6, pages 1048 - 1116 |
(2016).) This article is based on Michael G. Karnavas’s presentation Lawyer Ethics and the work of the ICC Disciplinary Organs at Maastricht
Seminar for Members of the List of Counsel before the International Criminal Court on 16 & 17 July in Maastricht University, Maastricht, 17 July
2015. The article analyzes the Defence Counsel’s duty to zealously represent their clients: What exactly does it mean to 'zealously represent' a client
before any of the international criminal courts or tribunals? How unproblematic is it for defence counsel to meet their ethical duties? Would an
International Criminal Court (ICC) Bar or professional association for ICC List Counsel and their assistants be of any significance to that end?
|On 5 October 2016, Michael G. Karnavas participated in a seminar organized by the United Nations Office of the High Commissioner for Human |
|Rights – Cambodia (OHCHR) in cooperation with the Bar Association of the Kingdom of Cambodia (BAKC), titled Questioning Techniques from the |
Defense’s Perspective and the Use of National and International Law in Legal Arguments. Held in Phnom Penh, this training was part of the Legal
Dialogue Series 2016: a series of trainings organized by the OHCHR as part of its ongoing efforts to support and strengthen the development of
Cambodian legal professionals, including by facilitating the dissemination of skills and knowledge from international and Cambodian lawyers at the
Extraordinary Chambers in the Courts of Cambodia (ECCC) to Cambodian lawyers practicing in local courts. For more on Michael G. Karnavas’s
presentation, click here.
|On 6 July 2016, Michael G. Karnavas conducted a 1,5 hour lecture at the ICTY on the role of the defence before the international criminal |
|tribunals for a visiting group from the University of Salzburg, Austria.|
|On 6 July 2016, The Cambodia Daily published a commentary by Michael G. Karnavas on US Senate Appropriations Committee Bill S3117. The |
|bill, as explained in the Committee’s Report, seeks to tie US funding of the ECCC to the indictment of Mr. Meas Muth in Case 003. Mr. Karnavas |
calls out the bill’s drafters on their disregard for international standards of justice and respect for the rule of law, and for their lack of understanding
of the very procedural rules with which they seek to tamper.
|On 20-21 June 2016, Michael G. Karnavas delivered a 16 hour training program on Plea Bargaining and the role of Kazakhstan Procedural |
|Prosecutors in Astana, Kazakhstan, organized by the Organization for Security and Co-operation in Europe (OSCE) and the Kazakhstan Prosecutor |
General's Office (PGO). This was part of an initiative by the OSCE, PGO, the Kazakhstan Supreme Court and other government agencies.
|On 14 June 2016, Michael G. Karnavas conducted a 3 hour training on drafting submissions and motion practice, as part of the Mock Trial |
|training organized by the ADC-ICTY and ICLB (International Criminal Law Bureau).|
|On 10 June 2016, Michael G. Karnavas lectured at an international affairs class on atrocity crimes taught by Dr. Craig Etcheson, at Pannasastra |
|University, Phnom Penh Cambodia. The focus was on the rights of the accused and fair trial rights in the context of representing accused on |
charges such as genocide and crimes against humanity, before international tribunals, and in particular the Extraordinary Chamber in the Courts of
|From January to April 2016, Michael G. Karnavas provided a research and a comprehensive analysis on the principles of reasonable doubt and in |
|dubio pro reo to assist in their application to Macedonia’s new criminal procedure code, which is civil law based with adversarial modalities.|
|From March 2015 to April 2016, Michael G. Karnavas chairing the working group on drafting the constitution for and registering under the Dutch |
|law the International Criminal Court Bar Association (ICCBA) for Counsel and their staff appearing before the ICC.|
|On 2 and 9 March 2016, Michael G. Karnavas provided pro bono ethics training at the Royal University of Law and Economics in Phnom Penh, |
|Cambodia, consisting of two three-hour sessions on the general obligations and responsibilities of a lawyer, with a particular focus on conflicts of |
|From February to March 2016, Michael G. Karnavas provided intensive cross-examination training for the Bosco Ntaganda Defence team at the ICC.|
|From 8-12 February 2016, Michael G. Karnavas participated in the Sub-Regional Seminar of Counsel and the Legal Profession in Arusha, |
|Tanzania, hosted by the ICC Registrar. The first part of the Seminar (8 and 9 February) was aimed to provide a platform for dialogue and |
cooperation of legal professionals in the region and the International Criminal Court (ICC). The second part of the seminar was devoted to training.
On 9 February 2016, Michael G. Karnavas participated in a panel discussion titled The Importance of Establishing an ICC Bar Association. He also
moderated a 2-hour closed-session discussion among the participants on the ongoing developments of drafting the constitution for the ICC Bar
Association (ICCBA). The ICC List Counsel among the participants expressed 100% support of the work of the Drafting Committee and the idea of
establishing the ICCBA. Click here for the agenda.
|On 23 January 2016, Michael G. Karnavas made a presentation before the International Criminal Defence Lawyers (ICDL)-Germany 10th Annual |
|Meeting in Berlin, Germany, titled List Counsel of the ICC Unite: Vision or Illusion for a Bar Association of List Counsel and their Staff? Click |
here for the agenda.
|On 18 January 2016, Michael G. Karnavas participated in a roundtable discussion The Amicus Curiae in International Criminal Justice, hosted |
|by Leiden University in cooperation with the Australian Human Rights Centre. The roundtable discussion was divided into three panel sessions |
addressing: the strategy and impact of the amicus curiae briefs before the ICC (panel 1); the possibility of the amicus curiae affecting fair trial rights
and the possibility of “co-opting” amicus as defence, the amicus prosecutor and victims and states amicus (panel 2); procedural implications, ethical
challenges and future directions for managing the amicus curiae process (panel 3). For more on Michael Karnavas’s presentation, click here. To
view the agenda, click here.
|On 5 December 2015 the Association of Defense Counsel Practising before the ICTY held a Conference on the Situation of Defence Counsel at |
|International Criminal Courts and Tribunals in The Hague. Michael G. Karnavas was a member of a panel on The Importance of a Bar Association |
for International Criminal Courts and Tribunals.
|From 25 to 30 October 2015, Michael G. Karnavas conducted a series of tailored full-day trainings for criminal defense lawyers of Macedonian |
|Bar Association, Skopje, Macedonia, organized by the Organization for Security and Co-operation in Europe (OSCE) mission to Skopje.|
|On 22 and 23 October 2015, Michael G. Karnavas participated in the Third International Meeting of Defence Offices at the International Criminal |
|Courts in Geneva, Switzerland.|
|Michael G. Karnavas attended a meeting of the Principals of the three organs of the International Criminal Court ("ICC" or the "Court") held on 17 |
|September 2015 with the Drafting Committee for an association of counsel. The Committee, which was met by the ICC President, Judge Silvia |
Fernández de Gurmendi, together with Prosecutor Fatou Bensouda and Registrar Herman von Hebel, consists of experienced lawyers from, inter
alia, the List of Counsel of the ICC, as well as the Principal Counsel of the Offices of Public Counsel for the Defence and Victims, who have been
working on a draft constitution for an association of counsel. As Chairman of the Drafting Committee, Michael provided an update on the work
undertaken since the Committee was established following a consultative expert conference organised by the Registrar in March 2015 at the seat of
the Court. He further informed the Principals of the Court that the draft constitution has been circulated to all members of the ICC List of Counsel
for input. The Committee hopes to finalise its constitution in the near future after extensive consultations with the Court.
|Michael G. Karnavas is featured on the 31 July 15 Interviews with the Defence section of the ECCC Blog, discussing his evolution into an |
|international criminal defence attorney and his view of the role of the defence to insure fairness in the criminal justice system.|
|On 16-17 July 2015, Michael G. Karnavas participated in the Maastricht Seminar for Members of the List of Counsel before the International |
|Criminal Court, hosted by the Maastricht University, and delivered a presentation titled Lawyer Ethics and the work of the ICC Disciplinary Organs. |
To view the agenda, please click here.
|On 23-24 March 2015, Michael G. Karnavas participated in the Expert Conference, hosted by the ICC Registrar as part of the ReVision project for |
|reorganizing of the current setup of the Registry, to discuss the proposed Victims and Defence Offices within the ICC Registry, and the potential |
establishment of a bar association for List Counsel. For more see Michael’s blog on Expert Conference on the Establishment of an ICC Victims and
Defence Office (31/03/15).
|On Thursday 12 March 2015, Michael G. Karnavas conducted a Defence Symposium as part of the Advocacy Training at the ADC-ICTY. The |
|topic was “Evidence and Objections”.|
Click here for Archive of earlier News and Events