Michael G. Karnavas.....
is an American trained lawyer. He is licensed in Alaska and Massachusetts and is qualified to appear before the various international tribunals, including the International Criminal Court (ICC). Residing and practicing primarily in The Hague, he is recognized as an expert in international criminal defence, including, pre-trial, trial, and appellate advocacy.
Practice Areas
- International Criminal Defence
- Public International Law
- Trial and Appellant Consultant in Complex Litigation
- International Development / Rule of Law
- Criminal Defence (USA)
- Litigation
- Immigration and Extradition
“The results at the end of a trial will be meaningless unless a robust defense is afforded to the accused”
Michael G. Karnavas
Michael G. Karnavas was commissioned by the Documentation Center of Cambodia (“DC-Cam”), funded by USAID, to examine and propose healthcare as a means of reparation’s to victims of the Khmer Rouge. His paper was published 11 May 2022.
A universal value is stymied by particularistic thinking. It is a matter of experience that in all societies torn by violence – but indeed even in societies at large – persons are unable to think in a reciprocal and equal way under the polar star of the Kantian imperative. On the contrary.
In a well-crafted public relations message, ICC Prosecutor Karim A. A. Khan QC keeps hope alive for the Afghan victims of Article 5 crimes and atrocities suffered over the past twenty years. What a relief. Hooray!
News and Events
- On 9 and 10 January 2023, Michael G. Karnavas conducted a virtual training for Chinese lawyers, at the Defender Advocacy Workshop, hosted by the University of Tokyo, Research Center for Sustainable Peace. The topics of his presentations were: Building Rapport and Trust with Clients from Vulnerable Populations through the Initial Client Interview; and Skills in Cross-Cultural Representation.
- On 7 November 2022, Michael G. Karnavas participated in a discussion on transitional justice in Myanmar, focusing his remarks on the legacy of the Extraordinary Chambers in the Courts of Cambodia (“ECCC”) and the role of the defence in hybrid international(ized) criminal tribunals.
- On 15 June 2022, Michael G. Karnavas took part as co-panelist in an online panel-discussion organized by the Oxford Society for International Development (OxSID) and spoke about human rights and his career trajectory in international development. The discussion focused on the International Criminal Court (ICC) and whether it is a viable path for justice.
- On 14 June 2022, Michael G. Karnavas took part in the D2D roundtable organized by the Office of Public Counsel for the Defence (OPCD) at the International Criminal Court (ICC). The topic of the discussion was how best to address and challenge bias against the defense in international(ized) criminal courts and tribunals.
- On 24 May 2022, Michael G. Karnavas gave an interview on the first trial of a Russian soldier in Ukraine. The interview is available at ABC Australia, RN Breakfast with Patricia Karvelas, Russian soldier jailed for life over war crime.
- On 28-29 March 2022, Michael G. Karnavas conducted an advocacy skills training for Turkey defense lawyers in Kilis, Turkey. He trained over 50 defense lawyers who are members of the Kilis Bar Association. Topics included: the rights of the accused with a special emphasis on children—international norms; the rights of defense lawyers—international/comparative norms and standards; interviewing the client; and case preparation and theme and theory of the case. The training was organized by International Bridges to Justice (IBJ), Geneva and hosted by the Kilis Bar Association, Kilis, Turkey.
- On 25-27 March 2022, Michael G. Karnavas conducted an advocacy skills training for Turkey defense lawyers in Gaziantep, Turkey. He trained over 120 defense lawyers who are members of the Gaziantep Bar Association. Topics included: the rights of the accused with a special emphasis on children—international norms; the rights of defense lawyers—international/comparative norms and standards; interviewing the client; and case preparation and theme and theory of the case. The training was organized by International Bridges to Justice (IBJ), Geneva and hosted by the Gaziantep Bar Association, Gaziantep, Turkey.
- On 8 July 2021, Michael G. Karnavas spoke at a podcast sponsored by several agencies, including the Israeli Ministry of Strategic Affairs, focused broadly on questions of International Criminal Law and Expectations vs. Reality.
- On 22-24 June 2021, Michael G. Karnavas took part in the African Access to Justice Women’s Network defender skills virtual training. He trained 100 female lawyers from 10 African countries. Topics included: Rights of a defense attorney. The training was organized by International Bridges to Justice (IBJ), Geneva.
- On 18-20 June 2021, Michael G. Karnavas conducted a criminal defender skills training and workshop (online). He trained over 100 defense lawyers, from five key regions in Indonesia. Topics included: the rights and responsibilities of a legal aid attorney; examination of witnesses; and “when victims become defendants: strategies for a litigation conundrum.” The training was organized by International Bridges to Justice (IBJ), Geneva, Switzerland and hosted by LBH-APIK Jakarta, Indonesia.
- On 26-30 March 2021, Michael G. Karnavas conducted a defender advocacy workshop (online). He trained 50 defense lawyers from China and Thailand. Topics included interviewing juvenile client, reviewing a case file, and case preparation. The training was organized and hosted by Institute of Human Rights and Peace Studies, Mahidol University, Bangkok, Thailand.
- On 25 February 2021, Michael G. Karnavas conducted a training on Housing, Land, and Property (HLP) Violations and Criminality, identifying how HLP disputes become criminal matters, how lawyers protect their clients’ HLP rights in criminal cases, and how they prevent custodial punishments in HLP civil cases. The training was organized by the International Bridges to Justice (IBJ).
- On 11 February 2021, Michael G. Karnavas conducted a Special criminal defense skills training related to military-coup related offenses (online), sharing experience of lawyering in time of emergency. The training was organized by International Bridges to Justice (IBJ) in Myanmar.
- On 17-18 November 2020, Michael G. Karnavas conducted a Criminal justice training and workshop (online). He trained 30+ lawyers practicing in the northwestern region of Syria. Topics included how can lawyers prevent police human rights abuses and trial and case preparation. The training was organized by International Bridges to Justice (IBJ), Geneva and International Legal Assistance Consortium, Stockholm, Sweden.
- On 22 September 2020, Michael G. Karnavas appeared as a guest speaking at Professor David Wilkins’ class at Harvard Law School, focusing on ethics in the legal profession.
- In July 2020, the Oxford University Press published Codes of Conduct for Counsel in International Criminal Proceedings, by Michael G. Karnavas, as part of the Max Planck Encyclopedia of International Procedural Law. The volume provides a detailed overview of the codes of conduct at international criminal tribunals and the challenges counsel face in meeting their ethical and professional obligations.
- On 13-15 September 2019, Michael G. Karnavas conducted a Criminal Defense Skills Training Workshop in Kandy, Sri Lanka. He trained 120+ defense lawyers from the central, western, southern, north, and eastern provinces. Topics included: client interviewing skills; developing the theme and theory of a case; direct examination; and cross-examination. The training was organized by International Bridges to Justice (IBJ), Geneva, Switzerland and hosted by the Bar Association of Kandy, Sri Lanka.
- On 12-13 July 2019, Michael G. Karnavas conducted a Criminal Defender Advocacy and Legal Skills Training Workshop in Phnom Penh, Cambodia. He trained 80+ newly graduating lawyers at the Bar Association of the Kingdom of Cambodia. Topics included: the rights of an accused person in Cambodia; the rights, duties and responsibilities of a defense lawyer; advocacy skills (effective cross-examination, case preparation, and investigation); effective closing arguments; and defense theme and theory of the case. The training was organized by International Bridges to Justice (IBJ), Geneva, Switzerland and hosted by the Bar Association of the Kingdom of Cambodia.
- Michael G. Karnavas wrote a chapter entitled The Serendipitous Nature of the ICC Trial Proceedings Risks the ICC’s Credibility (pp.: 202–247), in Justice Without Borders a collection of essays on international criminal law. European criminal law and international cooperation, honoring Judge Wolfgang Schomburg on the occasion of his 70th birthday on 9 April 2018.
- On 8 February 2018, Michael G. Karnavas was quoted on the international criminal law aspects of the Rohingya situation in the Massacre in Myanmar A REUTERS SPECIAL REPORT.
- On 14 December 2017, Hrvatski tjednik, a Croatian weekly newspaper, published an interview (Croatian, English) with Michael G. Karnavas on the Prlić, et al case based on his post in memory of General Slobodan Prlajak.
- On 9 December 2017, Michael G. Karnavas delivered a presentation via Skype at the annual conference of the Association of Defence Counsel practicing before the International Courts and Tribunals (ADC-ICT). This year’s theme was International Crimes: Past, Present, and Future Perspectives. Participating on the panel focusing on the current developments relating to the core crimes at the international(ized) criminal courts and tribunals, Mr. Karnavas discussed the meaning of “civilian” for the purpose of Crimes Against Humanity at the Extraordinary Chambers in the Courts of Cambodia (ECCC).
- Michael G. Karnavas wrote a chapter entitled The Serendipitous Nature of the ICC Trial Proceedings Risks the ICC’s Credibility (pp.: 202–247), in Justice Without Borders a collection of essays on international criminal law, European criminal law and international cooperation, honoring Judge Wolfgang Schomburg on the occasion of his 70th birthday on 9 April 2018. This chapter considers whether the ad hoc nature of ICC trial proceedings risks undermining the ICC's credibility. The Rome Statute and the ICC Rules of Procedure and Evidence have sufficient constructive ambiguity as to how trials should be conducted such that, depending on the serendipitous composition of the Trial Chamber, trials can be shaped in a more ‘adversarial’ or more 'inquisitorial' fashion. This malleability, which may have been the result of a diplomatic compromise, has resulted in ad hoc trial proceedings at the ICC; no two trials are: conducted in the same manner. Since the hallmarks of any good court are uniformity, predictability, and reliability in its proceedings, does this feature, which is unique to the ICC, risk undermining the legitimacy of the ICC's judgments and, inexorably, the ICC itself. On 8 February 2018, Michael G. Karnavas was quoted on the international criminal law aspects of the Rohingya situation in the Massacre in Myanmar A REUTERS SPECIAL REPORT.
- On 14 December 2017, Hrvatski tjednik, a Croatian weekly newspaper, published an interview (Croatian, English) with Michael G. Karnavas on the Prlić, et al case based on his post in memory of General Slobodan Prlajak.
- On 9 December 2017, Michael G. Karnavas delivered a presentation via Skype at the annual conference of the Association of Defence Counsel practising before the International Courts and Tribunals (ADC-ICT). This year’s theme was International Crimes: Past, Present and Future Perspectives. Participating on the panel focusing on the current developments relating to the core crimes at the international(ized) criminal courts and tribunals, Michael G. Karnavas discussed the meaning of “civilian” for the purpose of Crimes Against Humanity at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This issue emerged in light of the recent call for submissions and decision by International Co-Investigating Judge Michael Bohlander, who is currently investigating Cases 003 and 004. The question posed by Judge Bohlander in his call for submissions, to which eleven amici curiae along with the parties responded, was whether under customary international law between 1975 and 1979 (ECCC’s temporal jurisdiction) an attack against a state’s own armed forces amounted to an attack against a civilian population for crimes against humanity. To view the Summary of Michael G. Karnavas’s presentation click here. For an in-depth discussion of this issue, see Michael G. Karnavas’s three-part blog post series here, here, and here.
- On 25-27 October 2017, Michael G. Karnavas participated in the Academy Colloquium International Criminal Justice and the Enforcement Deficit: In Search of Sui Generis Theories and Procedure at The Royal Netherlands Academy of Arts and Sciences (KNAW) organized by Professor André Klip (Maastricht University) and Professor Steven Freeland (University of Western Sydney). The discussion was divided into four blocks addressing: The Character of the (Hybrid) International Criminal Tribunal (Block 1); Substantive Criminal Law Issues (Block 2); Procedural Challenges (Block 3); and Evading Pavlov, is international criminal justice the only way? (Block 4) Click here for the Colloquium Agenda and here for a blog post on Michael G. Karnavas’s presentation on the Position of the Defence and Adequate Facilities.
- On 24 October 2017, Michael G. Karnavas participated in Evidence Commentary Coordination and Authors’ Meeting at the premises of the German Embassy in The Hague. The project’s aim is to publish a commentary on the law of evidence at the international criminal courts and tribunals, which would serve as a comprehensive guide for practitioners and scholars alike on the growing jurisprudence on evidence. Michael G. Karnavas will focus and analyze the relevant law on the topic of the testimony of the accused.
- 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.
- The Organization for Security and Cooperation in Europe (OSCE) Mission to Serbia published a report by Michael G. Karnavas titled “Proposals for Building the Training Capacity of the Academy of the Bar Association of Serbia: A Strategic Plan for Continuous Legal Education for the Coming 2-3 Years”. The Report analyzes and assesses the training needs of Serbian lawyers and the training capacities of the Attorney’s Academy of the Bar Association of Serbia. Based on the assessment, the Report provides specific proposals for reform and improvement of the institutional and regulatory framework of the Academy, and recommends a detailed program for the organization of the training activities and a strategic Continuous Legal Education plan for 2-3 years.
- 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.