I greatly appreciate that many colleagues and interested persons have taken the time to comment on my recent post: General Slobodan Praljak’s honorable defiance. One comment in particular, posted by “John Doe”, warrants a response. Below the comment is reproduced, followed by my response. Continue reading “Karnavas Responds to John Doe’s Comment on Post: General Slobodan Praljak’s honorable defiance”
Category: ICTY
General Slobodan Praljak’s honorable defiance
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Having listened to the summary of the Appeal Judgment and having stood up to hear the litany of crimes affirmed by the Appeals Chamber before his sentence of 20 years was upheld, General Slobodan Praljak took his own life by drinking poison – but not before expressing his utter contempt for the Judgment, and by extension, his contempt for the Judges and the ICTY as a judicial institution.
Questions abound. How did General Praljak smuggle the vial of poison into the courtroom? How could he have gotten it through the numerous check-points where he would have been searched? Did he have it on him when he arrived at the ICTY? Did someone smuggle it to him there? Or, was it waiting for him at the ICTY, secretly planted in his cell or in the toilet?
Relevant as these questions are, few are asking what I think is perhaps the more important question: why did General Praljak take his life? Continue reading “General Slobodan Praljak’s honorable defiance”
Časni prkos generala Slobodana Praljka
Odslušavši sažetak presude u žalbenom postupku i ustavši da čuje litaniju zločina koje je utvrdilo Žalbeno vijeće prije nego mu je potvrđena presuda na 20 godina zatvora, general Slobodan Praljak uzeo si je vlastiti život popivši otrov – ali tek nakon što je izrazio svoj krajnji prijezir prema presudi, a dalje i prijezir prema sudcima i Međunarodnom kaznenom sudu za bivšu Jugoslaviju (MKSJ) kao sudskoj instituciji.
Sve vrvi pitanjima. Kako je general Praljak prokrijumčario bočicu s otrovom u sudnicu? Kako ju je prokrijumčario kroz brojne kontrole? Je li je imao kada je stigao na MKSJ? Je li mu je netko tamo prokrijumčario? Ili, je li ga otrov čekao na MKSJ, sakriven u njegovoj ćeliji ili u zahodu?
Kolikogod da su ova pitanja relevantna, malo ljudi postavlja pitanje koje smatram jednako važnim: zašto si je general Praljak oduzeo život? Continue reading “Časni prkos generala Slobodana Praljka”
The Common Code of Professional Conduct: flawed and hubristic – Part I
On Friday 10 November 2017, The Fifth International Meetings of the Defence adopted the so-called Common Code of Professional Conduct for all Counsel appearing before the International Criminal Tribunals (Common Code). Aside from being a non-binding document (I hesitate to call it a code since it is nothing of the kind), it is flawed and hubristic. Indeed, it may be that everything you need to know about the arrogance of the document and its creators can be divined from the declaration that it is to be “referred to as the 2017 Nuremberg Code.”
By happenstance, I heard that the Association of Defence Counsel practising before the International Courts and Tribunals (ADC) was consulted on this initiative. Having a particular interest in professional responsibility and ethics, I reached out to get a copy of the Common Code.
The ADC – the first and without a doubt the most accomplished association of its kind – was not involved in the drafting of the Common Code. The ADC sent its members a copy of the “Proposed Code,” informing them that it received the draft relatively late in the process. After the ADC Executive Committee and Disciplinary Council made an initial assessment of the Proposed Code, and without circulating it to the ADC membership (for reasons that become obvious from the available correspondence and discussed below), it decided that the ADC could not sign the Proposed Code as presented. Continue reading “The Common Code of Professional Conduct: flawed and hubristic – Part I”
Book Review: Scott Turow disappoints and affronts in Testimony
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”
And the waiting goes on …
Oral arguments in Prlić et al. concluded this Tuesday before the International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber – some 12 years since I began representing Dr. Jadranko Prlić. The Appeal Judgement is expected by November. When all is said and done, it will have taken over 13 years from the time the accused turned themselves over to the ICTY to the conclusion of the appeal proceedings.
What a journey! Lawyers, assistants, investigators, and interns have come and gone. Babies born, brothers, sisters, mothers, and fathers departed. Heart attacks suffered, kidneys replaced, weight gained, hair lost. Engagements, affairs, marriages, and divorces. And wrinkles, lots of wrinkles. No one spared. Continue reading “And the waiting goes on …”
Bosniak Member of the BiH Presidency asks the ICJ to reconsider the Serbia Genocide Case
“It’s like déjà vu all over again.”(( Perhaps the most memorable and exquisite quote of American professional baseball player, manager, coach, and Hall of Famer, Yogi Berra.))
On 23 February 2017, it was reported that “Bosnia” filed a formal request with the International Court of Justice (“ICJ”) to reconsider its 2007 decision in the Serbia Genocide case, in which it found that Serbia had neither been involved in nor committed genocide. The ICJ did however find, curiously, that Serbia “violated the obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, in respect of the genocide that occurred in Srebrenica.”(( International Court of Justice (“ICJ”), Case Concerning Application of The Convention on the Prevention and Punishment of The Crime of Genocide, Bosnia and Herzegovina v. Serbia and Montenegro, Judgment, 26 February 2007, para. 471.))
Bosnia and Herzegovina (“BiH”), the actual name of the country, did not file for reconsideration. What was submitted to the ICJ – which has yet to be made public((Last checked 7 March 2017, the ICJ public record does not show the application filed on the 23rd of February 2017. )) – was a unilateral request by one of the three members of the BiH Presidency, Bakir Izetbegović (the son of Alija Izetbegović), currently serving as the Bosniak member of the Presidency of BiH.
Some facts may be useful to understand why this request indubitably is a political ploy, a publicity stunt, not a legitimate request that merits consideration by the ICJ. Continue reading “Bosniak Member of the BiH Presidency asks the ICJ to reconsider the Serbia Genocide Case”
The ADC-ICTY Evolves into an Association of Defense Counsel Practicing before International Courts and Tribunals
On 16 December 2016, the Association of Defence Counsel Practising before the International Criminal Tribunal for the former Yugoslavia, commonly referred to as the ADC-ICTY, held a second General Assembly Meeting. The agenda had one item only: amending the ADC-ICTY Constitution to change the name of the ADC-ICTY to better reflect its function – effectively transforming it into an association for defense counsel practicing before international tribunals and courts. And so the ADC-ICTY Constitution was amended. Continue reading “The ADC-ICTY Evolves into an Association of Defense Counsel Practicing before International Courts and Tribunals”
Review of Justice Richard Goldstone’s 16 November Lecture on the ICC’s Current Challenges
Last night, 16 November 2016, Justice Richard Goldstone, former Justice of the Constitutional Court of South Africa and the first Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda (ICTY and ICTR), delivered the second lecture in the joint lecture series co-hosted by Temple Garden Chambers (TGC) and the British Embassy. His lecture, fittingly titled The International Criminal Court – Current Challenges, was a sobering reminder on just how political and politicized international courts are, starting with his own appointment as ICTY and ICTR Prosecutor (members of the UN Security Council could not agree on a prosecutor primarily over petty political and sometimes retaliatory reasons). Continue reading “Review of Justice Richard Goldstone’s 16 November Lecture on the ICC’s Current Challenges”
The MICT model: panacea or chimera?
On 20 September 2016 a press release was issued by the United Nations Mechanism for International Criminal Tribunals (“MICT”), also referred to as “the Mechanism”, describing a presentation given by MICT President Judge Theodor Meron at The Hague Institute for Global Justice. The press release described President Meron’s view that the MICT presented itself as a new model for international justice. Under this model, courts could be more streamlined and cost-effective by having a roster of judges on call who would step into the breach only when needed, as opposed to being in situ, collecting a full-time salary with benefits. This model is likely the brave new world and is being advocated by some who are looking for alternatives or complements to the International Criminal Court (“ICC”). Continue reading “The MICT model: panacea or chimera?”