Karnavas article published in The Cambodia Law and Policy Journal

CLPJ_ISSUE_01_JANUARY_2014-1_CoverThe inaugural issue of The Cambodia Law and Policy Journal, Issue 01, January 2014, p. 29, has published an article by Michael G. KarnavasBringing 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”

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Reflections on the Final Declaration of the First International Meeting of Defence Offices

On December 4-5 2013, the French Bar Association along with François Roux, the Head of the Defence Office of the Special Tribunal for Lebanon (STL), hosted the First International Meeting of Defence Offices.  The discussions provided a forum to exchange ideas concerning various challenges defence counsel face before the international criminal tribunals, especially the “difficulty of ensuring that the defence is recognised as one of the essential pillars of a fair and credible justice system.”employees-together

These feel-good congregations are useful for inspiring defence lawyers to bond over common concerns. Occasionally they produce aspirational declarations – emphasis on aspirational.  Understandably, Final Declarations were proclaimed at this gathering.  From the Final Declarations, two specific matters are worth commenting on: a. the need for a defence section to be an organ of the tribunal (as at the STL); and b. the recent events in the Bemba case, where part of the defence team was arrested for witness tampering.  Reticent to intrude, since I did not attend the conference, I’ve decided to weigh in with my thoughts, annoying as they may be.    Continue reading “Reflections on the Final Declaration of the First International Meeting of Defence Offices”

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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

– 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”

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News and Events

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