The quality of the legal representation victims receive is essential to their meaningful and effective participation in ICC proceedings. 1Independent Panel of Experts, “Report on Victim Participation at the ICC”, July 2013, para. 12
Last year, in a post following the establishment of the International Criminal Court Bar Association (ICCBA), I raised an issue which, quite evidently, was on the mind of many Counsel who are on the ICC List of Counsel: the Office of Public Counsel for Victims’ (OPCV) taking over the legal representation of victims, and the subordination of (and running roughshod over) Counsel selected by the victims to the OPCV.
Few can match Scott Turow’s writing and storytelling abilities. Very few. Over the years he spoiled us with his prose, his canny insight, his attention to detail. His freshman work, One L, was a must-read for a generation of law students. Some of the courtroom scenes in Presumed Innocent are as riveting as they are authentic. And Identical, his last novel before his recently released Testimony, was a true masterpiece, capturing all the nuances of Greek and Greek-American culture.
So, with deep regret, I suggest that if you were looking to escape (or vacate as I put it) from the daily pressures with a good novel – especially one that may hit close to home – Turow’s Testimony is not one of them. If you have yet to set off for the beach, pull it from your bag and grab something else (perhaps the new John Grisham novel, Camino Island) desist from buying it at the airport while waiting for your flight, and refrain from gifting it to a friend or colleague. Harsh warnings, but I think justifiable. Continue reading “Book Review: Scott Turow disappoints and affronts in Testimony”
A woman dressed in a traditional Sudanese thobe walks out of Courtroom I of the International Criminal Court on 6 July 2017, having heard the decision of Pre-Trial Chamber II on the Situation in Darfur, Sudan – In the Case of the Prosecutor v. Omar Ahmad Al-Bashir. Shaking her head slightly, she has a look of disbelief, visibly upset. She is a Darfur victim, having moved to the Netherlands several years ago. Next to her is a smartly dressed gentleman, obviously someone important – or at least his appearance would so suggest: gold-rimmed round glasses, bespoke summer suit, crisp white shirt, with a stylish Montblanc pen visibly displayed in the pocket of his contrasting vest, glimpses of his tastefully matching Montblanc cuff links and Orbis Terrarum pocket watch, casually knotted bow tie, holding a white Panama hat of definite high quality, and a mahogany handled umbrella – probably an affectation but then one can never be too prepared in The Hague no matter the time of the year.
Suddenly, without the slightest trace of ambivalence, the woman turns to the gentleman and asks: Whatjust happened? I thought I heard the Judges find that South Africa failed to comply with its obligation to arrest Al-Bashir but then said there was no need to do anything about it? If that’s the case, what’s the point of all of this?I thought the United Nations Security Council (UNSC) referred Al-Bashir to the International Criminal Court (ICC)? If there is an arrest warrant out for him, how can he have immunity? And if South Africa signed on to the ICC, why is it not cooperating? I don’t get all this stuff about South Africa having to consult with the ICC to figure out the obligations it agreed to under the Rome Statute.Continue reading “Taking the international out of justice: An imaginary conversation on the ICC’s Decision on South Africa”
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.
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.
On 22 March 2017, the Trial Chamber VII of the International Criminal Court (ICC) pronounced the sentences in the Bemba et al. Article 70 case, following its judgment on 19 October 2016, where it found Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu, and Narcisse Arido guilty of various offenses against the administration of justice in Prosecutor v. Jean-Pierre Bemba Gombo (Main Case).
Former Gambian President Yahya Jammeh, having joined other African leaders in succumbing to the lure of withdrawal from the International Criminal Court (ICC)1 See alsoGambia Follows South Africa’s ICC Exodus: Quelle Surprise, 31 October 2016. – no doubt out of fear of one day ending up in the ICC dock – departed the Gambia for Equatorial Guinea (a non-signatory to the Rome Statute) under a brokered deal that fell short of granting him immunity for any crimes he is alleged to have committed during his 22-year long reign.2 For more on the terms of settlement, see Antenor Hallo de Wolf, Rattling Sabers to Save Democracy in The Gambia,EJIL:Talk!, 1 February 2017.