Karnavas critiques DeFalco article on “most responsible” at the ECCC

The ECCC has jurisdiction over “senior leaders of Democratic Kampuchea and those who were most responsible” for certain crimes within the ECCC’s jurisdiction.¹ Randle DeFalco’s article Cases 003 and 004 at the Khmer Rouge Tribunal: The Definition of “Most Responsible” Individuals According to International Criminal Law, concludes that the suspects in Cases 003 and 004 fall within the meaning of “most responsible” and that the only legally sound option is to bring the cases to trial.

According to Michael G. Karnavas:

DeFalco’s analysis is result-determinative and based on the premise that if the suspects are not found “most responsible” there will be no other trials and the suspects would escape criminal responsibility. Although DeFalco’s basic approach to determine the meaning of “most responsible” is sensible, through his analysis he commits several errors that lead him to his pre-determined conclusion. DeFalco’s conclusions are unsurprising when considering his association with Documentation Center of Cambodia (“DC-Cam”) and interest in verifying its pre-determined conclusion that genocide and crimes against humanity occurred in Cambodia.

Click here to read Karnavas’ full critique of DeFalco’s arguments, which has been submitted to DC-CAM for publication.

Agreement Between the United Nations and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea, 6 June 2003, Preamble. [↩]

Associated Press quotes Karnavas on eve of Khmer Rouge verdict

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On the eve of the Khmer Rouge Tribunal Trial Chamber’s pronouncement of the judgement in Case 002/01 against KHIEU Samphan and NUON Chea, the Associated Press asked experts, including Michael Karnavas, to discuss the significance of the trial.

Read the story: With verdicts due, experts explain importance of trial of Cambodia’s Khmer Rouge leaders

Karnavas files ECCC Amicus on Geneva Conventions Statute of Limitations

geneva-convention_1864 — First Geneva Convention – 1864

On 14 May 2014 Michael G. Karnavas and Co-Lawyer ANG Udom filed an Amicus Curiae Brief urging that the ECCC is unable to exercise subject matter jurisdiction over grave breaches of the Geneva Conventions because those crimes are subject to a 10-year statute of limitation, which has expired for crimes committed from 1975-79. Read the brief here.

Karnavas article published in The Cambodia Law and Policy Journal

The inaugural issue of The Cambodia Law and Policy Journal, Issue 01, January 2014, p. 29, has published an article by Michael G. Karnavas: Bringing Domestic Cambodian Cases into Compliance with International Standards – Applicability of ECCC Jurisprudence and Procedural Mechanisms at the Domestic Level. Continue reading “Karnavas article published in The Cambodia Law and Policy Journal”

The Cambodia Daily Publishes Karnavas Op Ed: KRT Judges Maintain Pretense of Interest in Next Mini-Trial

KRT Judges Maintain Pretense of Interest in Next Mini-Trial

The Cambodia Daily – December 16, 2013

By Michael G. Karnavas

During the Extraordinary Chambers in the Courts of Cambodia’s (ECCC) Trial Management Meeting on Case 002, held December 11 and 12, the Trial Chamber entertained us with a marvelously farcical tragedy: Nothing ado about much, or, Why there will not be a Case 002/02, although we will pretend there will be one to keep hope alive.

It was captivating to see (and hear) how the judges came armed with all the answers as to why they could not possibly begin to hear evidence in Case 002/02 (as if they had even figured out what segments of Case 002 would even be heard) before completing the judgment in Case 002/01.

Where have they been, and what have they been doing? When did this occur to them? Why was this issue not addressed during the protracted (albeit belated) hearings on the legitimacy of the severance of Case 002? Why the pretense of this public trial management meeting? And, why delay discussing the proverbial elephant in the (court)room: When and to what extent will the next segment of Case 002 be tried?

Regrettably, this farcical comedy was about a real tragedy: The current judges of the ECCC’s Trial Chamber are not genuinely serious in trying the remaining segments of Case 002.

Continue reading “The Cambodia Daily Publishes Karnavas Op Ed: KRT Judges Maintain Pretense of Interest in Next Mini-Trial”

About Michael G. Karnavas

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. Click here to visit Michael’s web site.

Michael G. Karnavas lectures students at the Grotius Centre for International Legal Studies on the role of defence counsel:

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News and Events

On 29 June 2023, Michael G. Karnavas was a member of a panel on legal professional ethics before the international criminal tribunals, hosted in London by the International Committee of the Inner Temple.
On May 8 to May 9, 2023, Michael G. Karnavas taught at a Training of Trainers and Advocacy Training Program organized by International Bridges to Justice (IBJ) in Gaziantep, Turkey, for Syrian criminal defense lawyers living and working in northwest Syria, notably, in and around Aleppo.
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.
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.
Prof. Dr. h.c. Wolfgang Schomburg

Michael G. Karnavaswrote 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.

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WSJ Features Michael Karnavas on Future of the Khmer Rouge Tribunal

28 Oct 13 — The Wall Street Journal’s on-line edition of Southeast Asia – Real Time featured Michael Karnavas in a Q&A on the Future of the Khmer Rouge Tribunal.

Michael Karnavas, an American defense lawyer, has spent more than a third of his 30-year career in international criminal justice, representing defendants in war crimes tribunals at The Hague and in Cambodia. Click here to read the rest of the article.