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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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ADC-ICTY holds its General Assembly: transitioning into the MICT

Last Saturday, November 30, the Association of Defence Counsel (ADC-ICTY) held its annual General Assembly. As in the past, it was preceded by a training session, though this year was a bit different. While past trainings have been about trial and appellate skills, substantive law, procedural amendments and ethics, this year is was all about the Mechanism for International Criminal Tribunals, or MICT, or just Mechanism. Ditto for the General Assembly. By constitutional requirement, the ADC must hold a General Assembly to account the past year’s events and achievements, and to plan for the coming year’s challenges. And so, the Mechanism was much on our mind.

This year’s training was more of an exploration of thoughts and concerns about manner and means; the mechanisms of the Mechanism, if you will. The Mechanism essentially mirrors the Statute and Rules of Procedure and Evidence of the ICTY and ICTR. Substantively, little seems to be different. Yet, questions abound. As the ICTY transitions into the MICT (currently coexisting while the ICTY cases are coming to completion), most are concerned with post-conviction relief issues – especially how an aging, far flung population of inmates will be served when no compensation of counsel is required under existing ICTY jurisprudence, though as a matter of past practice a few hours could be granted depending upon circumstances. Not encouraging. Continue reading “ADC-ICTY holds its General Assembly: transitioning into the MICT”

The ADC-ICTY Legacy Conference: The Defence perspective on what really happened at the ICTY

The Association of Defence Counsel Practicing Before the ICTY (“ADC”), established under Dutch law, came into existence on 20 September 2002 when it held its first General Assembly. With the blessings of the ICTY Judges at their July 2002 plenary meeting, the Rules of Procedure and Evidence were amended to require counsel’s membership in the ADC. Essentially, the ADC has been the Bar for some 350 plus counsel at the ICTY. While not always appreciated for its true worth, the ADC has lived up to much of the expectations by providing a unified voice championing the causes of Defence Counsel and of their client’s fair trial rights.

Before the ADC, counsel had no say in the amendment of rules, no say in the setting of policies and practice directives that affected counsel, and no say in the remuneration schemes adopted by the Registry. Counsel had to go through extra security, required escort to use the library and did not even have access to the canteen where prosecution and chambers’ staff mingled. That all changed with the establishment of ADC. Continue reading “The ADC-ICTY Legacy Conference: The Defence perspective on what really happened at the ICTY”

Attending the Eleventh ICC Seminar of Counsel – another letdown!

The ICC held its annual seminar for List Counsel on October 21 and 22, 2013 in The Hague. Three days of training followed. This was the eleventh time the ICC hosted this event.

As in the past, the seminar was mostly an update, and for the most part not terribly rewarding. It was heartening to hear from the new Registrar, Herman von Hebel, that changes are afoot in the Registry. He brings lots of practical knowledge and experience. There is already a feeling that he will be more understanding to the needs of List Counsel. From my brief conversation with him (I have known him since 2001), he seemed genuinely interested in working constructively with List Counsel. Continue reading “Attending the Eleventh ICC Seminar of Counsel – another letdown!”