Kosovo Specialist Chambers – Part 6: The Rules of Procedure and Evidence (The Proceedings)

This is the sixth post in my series on the Kosovo Specialist Chambers (“KSC”), a hybrid internationalized set of chambers founded to try war crimes, crimes against humanity, and other crimes under Kosovo law committed during the aftermath of the conflict in Kosovo (1998-2000).

In my previous post, I discussed the Rules of Procedure and Evidence (“RPE”) governing investigations, arrests, and detention. In this post, I focus on the proceedings from pre-trial to appeal. While the KSC’s procedure is similar to that of the International Criminal Tribunal for the former Yugoslavia (“ICTY”), it also cherry picks here and there some of the more civil law modalities from the Rome Statute of the International Criminal Court (“ICC”). Continue reading “Kosovo Specialist Chambers – Part 6: The Rules of Procedure and Evidence (The Proceedings)”

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Registrar Hosts Consultations on the ICC’s Legal Aid Scheme: so what!?

On 19 June 2016 the Registry of the International Criminal Court (“ICC”) hosted a full day consultation seminar on the ICC’s Legal Aid Scheme (“LAS”). The seminar followed the publication of two expert reports by the International Justice Consortium (“ICJC”) and Richard J. Rogers (the ICJC report is annexed to Rogers’ report), which I commented on in a previous post. The point of the seminar was for relevant stakeholders – ICC List Counsel, Counsel from other international(ized) criminal tribunals and courts, and organizations such as the International Criminal Court Bar Association (“ICCBA”) and the Association of Defence Counsel practising before the International Courts and Tribunals (“ADC”) – to exchange views with the Registrar on refashioning the LAS. Continue reading “Registrar Hosts Consultations on the ICC’s Legal Aid Scheme: so what!?”

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Kosovo Specialist Chambers – Part 5: The Rules of Procedure and Evidence (Investigations and Arrest and Detention)

This is the fifth post in my series on the Kosovo Specialist Chambers (“KSC”), a hybrid internationalized set of chambers founded to try war crimes, crimes against humanity, and other crimes under Kosovo law committed during the aftermath of the conflict in Kosovo (1998-2000). In the previous post, I discussed general and structural matters regulated by the Rules of Procedure and Evidence (“RPE”). In this post, I will focus on investigations, arrests, and detention matters. Continue reading “Kosovo Specialist Chambers – Part 5: The Rules of Procedure and Evidence (Investigations and Arrest and Detention)”

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Kosovo Specialist Chambers – Part 4: The Rules of Procedure and Evidence, General and Structural Matters

This is the fourth post in my series on the Kosovo Specialist Chambers (“KSC”), a hybrid internationalized set of chambers founded to try war crimes, crimes against humanity, and other crimes under Kosovo law committed during the aftermath of the conflict in Kosovo (1998-2000). In the first post, I provided the context and events leading up to the establishment of the KSC. In the second and third posts, I provided my observations on the Law on Specialist Chambers and Specialist Prosecutor’s Office (“KSC Statute”). In this post, and in the following posts, I focus on the Rules of Procedure and Evidence (“RPE”). Continue reading “Kosovo Specialist Chambers – Part 4: The Rules of Procedure and Evidence, General and Structural Matters”

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Kosovo Specialist Chambers – Part 3: Peculiar Features of the Statute

This is the third post in my series on the Kosovo Specialist Chambers (“KSC”), a hybrid internationalized set of chambers set up to try grave transboundary and international crimes committed during the aftermath of the war in Kosovo.

In my previous post, I focused on some of the fundamentals of the Law on Specialist Chambers and Specialist Prosecutor’s Office (“KSC Statute”), including the general structure of the tribunal, the composition of the chambers, and the jurisdiction and applicable law of the KSC. In this post, I focus on some of the peculiar features of the KSC Statute. I will not be providing a full article-by-article analysis of the KSC Statute. Rather, I will merely highlight some of the more interesting provisions – especially those not found in the statutes of the other international(ized) tribunals and courts – without getting too far into the weeds. Specifically, I will address: venue, amnesties, the rights of the accused, the appointment and assignment of Judges, the powers and responsibilities of the Specialist Prosecutor, detention and arrest matters, the Court of Appeals Panel’s power to enter convictions on alternative modes of liability, and extraordinary legal remedies. To avoid redundancy, some aspects of the KSC Statute I would normally discuss here will be discussed in the next set of posts dealing with the KSC Rules of Procedure and Evidence (“RPE”). Continue reading “Kosovo Specialist Chambers – Part 3: Peculiar Features of the Statute”

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Kosovo Specialist Chambers – Part 2: Fundamentals of the KSC Statute

In my previous post, I discussed the events leading up to and reasons for the establishment of the Kosovo Specialist Chambers (“KSC”): a hybrid internationalized set of chambers, located in The Hague and staffed by international judges and prosecutors, with a Registry staffed by international legal and administrative officers and personnel. As “specialist chambers” within the Kosovo justice system, the KSC is mandated to try grave trans-boundary and international crimes committed during the aftermath of the war in Kosovo, reported in a 2011 Council of Europe Parliamentary Assembly Report and investigated by a Special Investigative Task Force. In this post, I discuss the fundamentals of the Law on Specialist Chambers and Specialist Prosecutor’s Office (“KSC Statute”) – the general structure, composition of the chambers, jurisdiction, and applicable law of the KSC. Continue reading “Kosovo Specialist Chambers – Part 2: Fundamentals of the KSC Statute”

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The Cambodia Daily – Opinion: Violent Threats Could Spur ICC Investigation

On May 29, 2017, The Cambodia Daily published an opinion piece by Michael G. Karnavas.  The piece appears below:

The Cambodia Daily

Opinion: Violent Threats Could Spur ICC Investigation

by Michael G. Karnavas1   Michael G. Karnavas is a criminal defense lawyer. He was the co-lawyer for Ieng Sary at the Extraordinary Chambers in the Courts of Cambodia, and is now Meas Muth’s international co-lawyer in Case 003 at the ECCC.

The Cambodia Daily reported last Friday that Prime Minister Hun Sen gave a speech to 4,000 faithful of Cambodia’s Christian Community on Phnom Penh’s Koh Pich island.

He claimed that only a Cambodian People’s Party (CPP) win in the upcoming elections will ensure peace and development in Cambodia. Mr. Hun Sen then expressed his willingness to “eliminate 100 or 200 people” if the opposition were to take any actions that would lead to the “overthrow” of the CPP. Continue reading “The Cambodia Daily – Opinion: Violent Threats Could Spur ICC Investigation”

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Footnotes   [ + ]

Kosovo Specialist Chambers – Part 1: its Statute and Rules of Procedure and Evidence in a nutshell

A new internationalized tribunal, the Kosovo Specialist Chambers (“KSC”), is poised to open its doors for business: indicting, arresting, prosecuting and so on. The KSC was established to try crimes against humanity, war crimes, and other crimes under Kosovo law committed by persons of Kosovo/Yugoslav citizenship or against persons of Kosovo/Yugoslav citizenship between January 1, 1998 and December 31, 2000 in the territory of Kosovo.1   See Law on Specialist Chambers and Specialist Prosecutor’s Office, Arts. 6-9, 13-15. Though located in The Hague, the KSC is a specialized chamber within the Kosovo Judiciary, much like the Extraordinary Chambers in the Courts of Cambodia (“ECCC”) which is an extraordinary chamber within the Cambodian judiciary.2   “Unlike the other United Nations and United Nations-assisted tribunals, the Extraordinary Chambers in the Courts of Cambodia forms part of the national court structure. It is a Cambodian national court, based on the French civil law system, with special jurisdiction, and with United Nations participation. It is an example of a special chamber within a national jurisdiction…. [It] is a national court of Cambodia.” United Nations Security Council, Report of the Secretary-General on possible options to further the aim of prosecuting and imprisoning persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia, including, in particular, options for creating special domestic chambers possibly with international components, a regional tribunal or an international tribunal and corresponding imprisonment arrangements, taking into account the work of the Contact Group on Piracy of the Coast of Somalia, the existing practice in establishing international and mixed tribunals, and the time and resources necessary to achieve and sustain substantive results, U.N. Doc. S/2010/394, 26 July 2010, pp. 42-43. The KSC is hybrid in that it has common law and civil law modalities, applying both Kosovo law and international law.   Continue reading “Kosovo Specialist Chambers – Part 1: its Statute and Rules of Procedure and Evidence in a nutshell”

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Footnotes   [ + ]

Opinion: Due Process Not Negotiable, Even in Khmer Rouge Tribunal

On May 15, 2017, The Cambodia Daily published an opinion piece by Michael G. Karnavas.  The piece appears below:

The Cambodia Daily

Opinion: Due Process Not Negotiable, Even in Khmer Rouge Tribunal

MAY 15, 2017

By Michael G. Karnavas 1   Michael G. Karnavas is a criminal defense lawyer. He was the co-lawyer for Ieng Sary at the Extraordinary Chambers in the Courts of Cambodia, and is now Meas Muth’s international co-lawyer in Case 003 at the ECCC.

Last week it was revealed that the Co-Investigating Judges (CIJ) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) confidentially informed the parties in Cases 003, 004, and 004/02 and the Office of Administration that they were considering invoking what amounts to a nuclear option: a permanent stay of the proceedings due to a lack of funding. Submissions were invited.

Court-watchers and “experts” immediately weighed in with claims of political interference. Judge Martin Karopkin, a reserve Judge of the Trial Chamber, joined the fray. Disquieting as his remarks may be, I admire Judge Karopkin’s honesty. Continue reading “Opinion: Due Process Not Negotiable, Even in Khmer Rouge Tribunal”

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COURTING DUTERTE: pragmatic diplomacy or reckless abandonment?

Much ado about …

Much too much is being made of U.S. President Donald Trump’s White House invitation to Rodrigo Duterte, President of the Philippines.

What’s wrong with the invite?

The enemy of your enemy should be your friend. Was it not after all Duterte who called President Trump’s nemesis, former US President Barack Obama “a son of a whore” and some other choice words?  To someone who questioned Obama’s birth place (and kept at it even in the face of uncontroverted evidence) Duterte’s disparaging and vulgar remarks against Obama must have been hugely delighting. Continue reading “COURTING DUTERTE: pragmatic diplomacy or reckless abandonment?”

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