- \n
- On 29 June 2023, Michael G. Karnavas<\/a><\/strong> was a member of a panel on legal professional ethics before the international criminal tribunals<\/a>, hosted in London by the International Committee of the Inner Temple.<\/li>\n
- On May 8 to May 9, 2023, Michael G. Karnavas<\/a><\/strong> 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.<\/li>\n
- On 9 and 10 January 2023, Michael G. Karnavas<\/a><\/strong> conducted a virtual training for Chinese lawyers, at the Defender Advocacy Workshop, hosted by the University of Tokyo, Research Center for Sustainable Peace.\u00a0 The topics of his presentations were:\u00a0 Building Rapport and Trust with Clients from Vulnerable Populations through the Initial Client Interview<\/em>; and Skills in Cross-Cultural Representation.\n
<\/em><\/em><\/li>\n
- On 7 November 2022, Michael G. Karnavas<\/a><\/strong> participated in a discussion on transitional justice in Myanmar, focusing his remarks on the legacy of the Extraordinary Chambers in the Courts of Cambodia (\u201cECCC\u201d) and the role of the defence in hybrid international(ized) criminal tribunals.<\/li>\n
- In July 2020, the Oxford University Press published Codes of Conduct for Counsel in International Criminal Proceedings<\/em><\/a>, by Michael G. Karnavas<\/a><\/strong>, 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.<\/li>\n
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![\"\"](\"https:\/\/i0.wp.com\/michaelgkarnavas.net\/blog\/wp-content\/uploads\/2013\/12\/Schomburg.jpg?resize=149%2C224&ssl=1\")
<\/a>Prof. Dr. h.c. Wolfgang Schomburg<\/figcaption><\/figure>\n Michael G. Karnavas<\/strong><\/a>wrote a chapter entitled\u00a0The Serendipitous Nature of the ICC Trial Proceedings Risks the ICC\u2019s Credibility<\/a> (<\/em>pp.: 202\u2013247), in\u00a0Justice Without Borders<\/em>\u00a0a 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.<\/li>\n<\/ul>\n
<\/p>\n
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 \u2018adversarial\u2019 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?<\/p>\n
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- On 8 February 2018, Michael G. Karnavas<\/strong><\/a> was quoted on the international criminal law aspects of the\u00a0Rohingya situation in the\u00a0Massacre in Myanmar\u00a0A REUTERS SPECIAL REPORT<\/a>.<\/em><\/li>\n<\/ul>\n
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- On 14 December 2017,\u00a0Hrvatski tjednik<\/em>, a Croatian weekly newspaper, published an interview (Croatian<\/a>, English<\/a>) with Michael G. Karnavas<\/a><\/strong> on the Prli\u0107, et al<\/em> case based on his post in memory of General Slobodan Prlajak<\/a><\/li>\n<\/ul>\n
![\"\"](\"https:\/\/i0.wp.com\/michaelgkarnavas.net\/blog\/wp-content\/uploads\/2013\/12\/MGKarnavas_Hrvatski_tjednik_cover.jpg?resize=376%2C153&ssl=1\")
<\/a><\/p>\n- \n
- On 9 December 2017, Michael G. Karnavas<\/a><\/strong> 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\u2019s theme was International Crimes: Past, Present and Future Perspectives<\/em><\/a>. 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 \u201ccivilian\u201d 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<\/em> along with the parties responded, was whether under customary international law between 1975 and 1979 (ECCC\u2019s temporal jurisdiction) an attack against a state\u2019s own armed forces amounted to an attack against a civilian population for crimes against humanity. To view the Summary of Michael G. Karnavas\u2019s presentation click here<\/a>. For an in-depth discussion of this issue, see his three-part blog post series here<\/a>, here<\/a>, and here<\/a>.<\/li>\n<\/ul>\n
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- On 25-27 October 2017, Michael G. Karnavas<\/strong><\/a> participated in the Academy Colloquium International Criminal Justice and the Enforcement Deficit: In Search of Sui Generis Theories and Procedure<\/em> at The Royal Netherlands Academy of Arts and Sciences (KNAW) organized by Professor Andr\u00e9 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<\/span> 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<\/span> <\/a><\/span>for the Colloquium Agenda and here <\/a>for a blog post on Michael G. Karnavas<\/strong>\u2019s presentation on the Position of the Defence and Adequate Facilities<\/em>.<\/li>\n<\/ul>\n
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- On 24 October 2017, Michael G. Karnavas<\/strong><\/a> participated in Evidence Commentary Coordination and Authors\u2019 Meeting at the premises of the German Embassy in The Hague. The project\u2019s 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<\/strong> will focus and analyze the relevant law on the topic of the testimony of the accused.<\/li>\n<\/ul>\n
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- On 6 October 2017, Michael G. Karnavas<\/strong><\/a> participated in an international conference and the roundtable discussion titled \u201cDoubt in favour of the defendant, guilty beyond reasonable doubt<\/em>\u201d dedicated to the launch and promotion of a comparative study publication of the same name (available in English here<\/a>). Mr. Karnavas\u2019s presentation provided a historical analysis of the reasonable doubt standard and the principle of in dubio pro reo<\/em>, 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\u2019s efforts to support and contextualize adversarial modalities introduced to the new Macedonian criminal procedure \u2013 a hybrid system established as part of Macedonia\u2019s 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 \u201cTheoretical and Practical Aspects of the Standard of Proof Beyond a Reasonable Doubt & The Principle of In Dubio Pro Reo<\/em> in Common Law Jurisdictions.\u201d Click here <\/a>for the Agenda of the conference and here <\/a>for a Synopsis of Mr. Karnavas\u2019s presentation.<\/li>\n
- On 23 August 2017, Michael G. Karnavas<\/strong><\/a> 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.<\/li>\n<\/ul>\n
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- On 5 July 2017, Michael G. Karnavas<\/strong><\/a> 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 <\/a>and here<\/a>.<\/li>\n<\/ul>\n
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- The Organization for Security and Cooperation in Europe (OSCE) Mission to Serbia published a report by Michael G. Karnavas<\/strong><\/a> titled \u201cProposals 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<\/a>\u201d<\/em>. The Report analyzes and assesses the training needs of Serbian lawyers and the training capacities of the Attorney\u2019s Academy of the Bar Association of Serbia.\u00a0 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.<\/li>\n<\/ul>\n
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- On 24 February 2017, the Edward Elgar Publishing published a chapter co-authored by Kate Gibson, John RWD Jones QC, Michael G. Karnava<\/strong>s<\/a> and Melinda Taylor, titled \u201cRegulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts and Tribunals<\/a>\u201d <\/em>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.<\/li>\n<\/ul>\n
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- In November-December 2016, Michael G. Karnavas <\/strong><\/a>was selected by the Organization for Security and Cooperation in Europe (OSCE) Mission to Serbia as the International Consultant to make an assessment and submit a report with specific proposals for reform and improvement of the institutional and regulatory framework of the Attorney\u2019s Academy (Academy) of the Bar Association of Serbia (BAS), and to recommend a detailed program for the organization of the training activities and a strategic plan for a long term (2-3 years) Continuing Legal Education program.\u00a0 The BAS is a national \u201cumbrella\u201d bar for eight regional bars with approx. 8000 members. The BAS established the Academy in 2013 for the purpose of providing professional training for Serbian lawyers and trainees.\u00a0 As part of the assessment, Mr. <\/strong>Karnavas went on two field visits (5-7 December and 18-21 December 2016) to conduct a series of interviews with the representatives of the BAS, the Ministry of Justice, the Judicial Academy, civil societies, and NGOs. Mr. <\/strong>Karnavas submitted a preliminary report 29 December 2016.<\/li>\n<\/ul>\n
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- On 26 November 2016, International Criminal Law Review <\/em>published an article by Michael G. Karnavas<\/strong><\/a>, Defence Counsel Ethics, the ICC Code of Conduct and Establishing a Bar Association for ICC List Counsel<\/em><\/a> (International Criminal Law Review, Volume 16, Issue 6, pages 1048 – 1116 (2016).) \u00a0 This article is based on Michael G. Karnavas\u2019s<\/strong> presentation Lawyer Ethics and the work of the ICC Disciplinary Organs<\/em> at Maastricht Seminar for Members of the List of Counsel before the International Criminal Court on 16 & 17 July in Maastricht University, Maastricht, 17 July 2015. \u00a0The article analyzes the Defence Counsel\u2019s duty to zealously represent their clients: What exactly does it mean to ‘zealously represent’ a client before any of the international criminal courts or tribunals? How unproblematic is it for defence counsel to meet their ethical duties? Would an International Criminal Court (ICC) Bar or professional association for ICC List Counsel and their assistants be of any significance to that end? <\/em><\/li>\n<\/ul>\n
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- On 6 July 2016, Michael G. Karnavas<\/a><\/strong> conducted a 1,5 hour lecture at the ICTY on the role of the defence before the international criminal tribunals for a visiting group from the University of Salzburg, Austria.<\/li>\n<\/ul>\n
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- From 20-21 June 2016, Michael G. Karnavas<\/strong><\/a> delivered a training program on Plea Bargaining and the role of Kazakhstan Procedural Prosecutors in Astana, Kazakhstan, organized by The Organization for Security and Co-operation in Europe (OSCE) and the Kazakhstan Prosecutor General\u2019s Office (PGO). This was part of an initiative by the OSCE, PGO, the Kazakhstan Supreme Court and other government agencies. Among the new concepts, pleas bargaining was introduced within the framework of the criminal procedure code (CPC) to establish a more efficient criminal justice system in Kazakhstan, without compromising a balance between due process and procedural economy. The aim of the two day (16 hours) training was to familiarize the participants (more than 20 prosecutors and 5 criminal defense lawyers) with the best practices in using plea bargaining in criminal proceedings and in strengthening their understanding and practical skills through intensive discussion and mock exercises.<\/li>\n<\/ul>\n
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- \u00a0On 14 June 2016, Michael G. Karnavas<\/strong><\/a> conducted a 3 hour training on drafting submissions and motion practice, as part of the Mock Trial training organized by the ADC-ICTY and ICLB (International Criminal Law Bureau). Focused on the technical aspects of drafting motions, responses, replies, motions for reconsideration, motions for clarification, and interlocutory appeals, the training also covered strategic decision-making in filing submissions, ethics in drafting, due diligence and perfecting errors on the trial record for purposes of appeal.<\/li>\n<\/ul>\n
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- On 10 June 2016,\u00a0Michael G. Karnavas<\/strong><\/a> lectured at an international affairs class on atrocity crimes taught by Dr. Craig Etcheson, at Pannasastra University, Phnom Penh Cambodia. The focus was on the rights of the accused and fair trial rights in the context of representing accused on charges such as genocide and crimes against humanity, before international tribunals, and in particular the Extraordinary Chamber in the Courts of Cambodia (ECCC).<\/li>\n<\/ul>\n
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- From January to April 2016, Michael G. Karnavas<\/strong><\/a> provided research and a comprehensive analysis on the principles of reasonable doubt and in dubio pro reo<\/em> to assist in their application to Macedonia\u2019s new criminal procedure code, which is civil law based with adversarial modalities.<\/li>\n<\/ul>\n
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- From\u00a0March 2015 to April 2016, Michael G. Karnavas<\/strong><\/a> chairing the working group on drafting the constitution for and registering under the Dutch law the International Criminal Court Bar Association (ICCBA) for Counsel and their staff appearing before the ICC.<\/li>\n<\/ul>\n
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- On 2 and 9 March 2016, Michael G. Karnavas<\/strong><\/a> provided pro bono<\/em> ethics training at the Royal University of Law and Economics in Phnom Penh, Cambodia, consisting of two three-hour sessions on the general obligations and responsibilities of a lawyer, with a particular focus on conflicts of interest.<\/li>\n<\/ul>\n
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- From February to March 2016, Michael G. Karnavas<\/strong><\/a> provided intensive cross-examination training for the Bosco Ntaganda Defence team at the ICC.<\/li>\n<\/ul>\n
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- From 8-12 February 2016, Michael G. Karnavas<\/strong><\/a> participated in the Sub-Regional Seminar of Counsel and the Legal Profession in Arusha, Tanzania, hosted by the ICC Registrar<\/em>. <\/strong> The first part of the Seminar (8 and 9 February) was aimed to provide a platform for dialogue and cooperation of legal professionals in the region and the International Criminal Court (ICC). The second part of the seminar was devoted to training. On 9 February 2016, Michael G. Karnavas<\/a> <\/strong>participated in a panel discussion titled The Importance of Establishing an ICC Bar Association<\/em><\/strong>. He also moderated a 2-hour closed-session discussion among the participants on the ongoing developments of drafting the constitution for the ICC Bar Association (ICCBA). The ICC List Counsel among the participants expressed 100% support of the work of the Drafting Committee and the idea of establishing the ICCBA.Click here for the agenda<\/a>.<\/li>\n<\/ul>\n
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- On 23 January 2016, Michael G. Karnavas<\/a> <\/strong>made a presentation before the International Criminal Defence Lawyers (ICDL)-Germany 10th Annual Meeting in Berlin, Germany, titled List Counsel of the ICC Unite: Vision or Illusion for a Bar Association of List Counsel and their Staff?<\/strong>\u00a0 <\/em>Click here for the agenda<\/a>.<\/li>\n<\/ul>\n
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- On 18 January 2016, Michael G. Karnavas<\/strong><\/a> participated in a roundtable discussion The Amicus Curiae in International Criminal Justice<\/strong>,<\/em> hosted by Leiden University in cooperation with the Australian Human Rights Centre. The roundtable discussion was divided into three panel sessions addressing: the strategy and impact of the amicus curiae<\/em> briefs before the ICC (panel 1); the possibility of the amicus curiae<\/em> affecting fair trial rights and the possibility of \u201cco-opting\u201d amicus<\/em> as defence, the amicus<\/em> prosecutor and victims and states amicus<\/em> (panel 2); procedural implications, ethical challenges and future directions for managing the amicus curiae<\/em> process (panel 3). For more on Michael Karnavas\u2019s presentation outline, click here<\/a>. To view the agenda, click here.\u00a0 <\/a>To view the executive summary, click here<\/a>.\u00a0 To view the full roundtable report, click here<\/a><\/li>\n<\/ul>\n
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- On 5 December 2015 the Association of Defense Counsel Practising before the ICTY held a Conference on the Situation of Defence Counsel at International Criminal Courts and Tribunals<\/em> in The Hague.\u00a0 Michael G. Karnavas<\/strong><\/a> was a member of a panel on The Importance of a Bar Association for Interantional Criminal Courts and Tribunals<\/em>.<\/li>\n<\/ul>\n
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- From 25 to 30 October 2015, Michael G. Karnavas<\/strong><\/a> conducted a series of one-day trainings for criminal defense lawyers in effective criminal defense, with special emphasis on General Principles of Evidence and Objections, in Skopje, Macedonia, sponsored by the Organization for Security and Co-operation in Europe (OSCE) and the Macedonian Bar Association.<\/li>\n<\/ul>\n
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- On 22 and 23 October 2015, Michael G. Karnavas participated in the Third International Meeting<\/a> of Defence Offices at the International Criminal Courts in Geneva, Switzerland.<\/li>\n<\/ul>\n
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- From October to November 2015, Michael G. Karnavas<\/strong><\/a> developing the concept and contents for the E-learning course and examination on professional ethics for lawyers for Macedonia, sponsored by the the Organization for Security and Co-operation in Europe (OSCE) and the Macedonian Bar Association.<\/li>\n<\/ul>\n
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- The Globe Lawyer<\/em>, a new website addressing issues of genocide and crimes against humanity, has re-published a post by Michael G. Karnavas<\/strong><\/a>, Hybrid Courts:\u00a0 A Marriage of Inconvenience<\/em>, first published on this Blog 29 June 2015<\/a>.<\/li>\n
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![\"From](\"https:\/\/i0.wp.com\/michaelgkarnavas.net\/blog\/wp-content\/uploads\/2013\/12\/17-09-2015-ICC.jpg?resize=300%2C222&ssl=1\")
<\/a>From left to right: Emmanuel Altit, Michael Karnavas, Principal Counsel of the OPCV Paolina Massidda, Luc Walleyn, ICC President Silvia Fern\u00e1ndez de Gurmendi, Geoff Roberts, ICC Prosecutor Fatou Bensouda, ICC Registrar Herman von Hebel, and Principal Counsel of the OPCD Xavier-Jean Ke\u00efta. \u00a9ICC-CPI<\/figcaption><\/figure>\n Michael G. Karnavas <\/a><\/strong>attended a meeting of the Principals of the three organs of the International Criminal Court (“ICC” or the “Court”) held on 17 September 2015 with the Drafting Committee for an association of counsel.\u00a0 The Committee, which was met by the ICC President, Judge Silvia Fern\u00e1ndez de Gurmendi, together with Prosecutor Fatou Bensouda and Registrar Herman von Hebel, consists of experienced lawyers from, inter alia<\/em>, the List of Counsel of the ICC, as well as the Principal Counsel of the Offices of Public Counsel for the Defence and Victims, who have been working on a draft constitution for an association of counsel.\u00a0\u00a0 As Chairman of the Drafting Committee<\/a>, Michael provided an update on the work undertaken since the Committee was established following a consultative expert conference organised by the Registrar in March 2015<\/a> at the seat of the Court.\u00a0 He further informed the Principals of the Court that the draft constitution has been circulated to all members of the ICC List of Counsel for input. The Committee hopes to finalise its constitution in the near future after extensive consultations with the Court.<\/li>\n<\/ul>\n
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- Michael G. Karnavas<\/a><\/strong> is featured on the 31 July 2015, Interviews with the Defence<\/a> section of the ECCC Blog, discussing his evolution into an international criminal defence attorney and his view of the role of the defence to insure fairness in the criminal justice system.<\/li>\n<\/ul>\n
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- On 16-17 July 2015, Michael G. Karnavas<\/strong><\/a> participated in the Maastricht Seminar for Members of the List of Counsel before the International Criminal Court, hosted by the Maastricht University, and delivered a presentation titled Lawyer Ethics and the work of the ICC Disciplinary Organs<\/em>. To view the agenda, please click here<\/a>.<\/li>\n<\/ul>\n
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- On 23-24 March 2015, Michael G. Karnavas<\/strong><\/a> participated in the Expert Conference, hosted by the ICC Registrar as part of the ReVision<\/em> project for reorganizing of the current setup of the Registry, to discuss the proposed Victims and Defence Offices within the ICC Registry, and the potential establishment of a bar association for List Counsel. For more see<\/em> Michael\u2019s blog on Expert Conference on the Establishment of an ICC Victims and Defence Office<\/a> (March 31, 2015).<\/li>\n<\/ul>\n
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- On Thursday 12 March 2015, Michael G. Karnavas<\/strong> conducted a Defence Symposium as part of the Advocacy Training at the Association of Defence Counsel Practising Before the International Criminal Tribunal for the Former Yugoslavia (\u201cADC-ICTY<\/a>\u201d).\u00a0The topic was \u201cEvidence and Objections<\/a>\u201d.<\/li>\n<\/ul>\n
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- The ADC-ICTY has published the Proceedings of the ADC-ICTY Legacy Conference, which includes The Rights of the Accused<\/em><\/a>, an article by Michael G. Karnavas<\/strong><\/a>.<\/li>\n<\/ul>\n
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- On 11-12 December 2014, Michael G. Karnavas<\/strong><\/a> participated in the Regional Rule of Law Conference on The Judicial Chain: Cooperation in Criminal Proceedings<\/em> in Budva, Montenegro, to speak about and moderate a debate on the Changed Position of the Prosecution within the Judicial Chain<\/em>. To view the conference agenda, please click here<\/a>.<\/li>\n<\/ul>\n
- The ADC-ICTY has published the Proceedings of the ADC-ICTY Legacy Conference, which includes The Rights of the Accused<\/em><\/a>, an article by Michael G. Karnavas<\/strong><\/a>.<\/li>\n<\/ul>\n
- On Thursday 12 March 2015, Michael G. Karnavas<\/strong> conducted a Defence Symposium as part of the Advocacy Training at the Association of Defence Counsel Practising Before the International Criminal Tribunal for the Former Yugoslavia (\u201cADC-ICTY<\/a>\u201d).\u00a0The topic was \u201cEvidence and Objections<\/a>\u201d.<\/li>\n<\/ul>\n
- On 23-24 March 2015, Michael G. Karnavas<\/strong><\/a> participated in the Expert Conference, hosted by the ICC Registrar as part of the ReVision<\/em> project for reorganizing of the current setup of the Registry, to discuss the proposed Victims and Defence Offices within the ICC Registry, and the potential establishment of a bar association for List Counsel. For more see<\/em> Michael\u2019s blog on Expert Conference on the Establishment of an ICC Victims and Defence Office<\/a> (March 31, 2015).<\/li>\n<\/ul>\n
- On 16-17 July 2015, Michael G. Karnavas<\/strong><\/a> participated in the Maastricht Seminar for Members of the List of Counsel before the International Criminal Court, hosted by the Maastricht University, and delivered a presentation titled Lawyer Ethics and the work of the ICC Disciplinary Organs<\/em>. To view the agenda, please click here<\/a>.<\/li>\n<\/ul>\n
- \n
- The Globe Lawyer<\/em>, a new website addressing issues of genocide and crimes against humanity, has re-published a post by Michael G. Karnavas<\/strong><\/a>, Hybrid Courts:\u00a0 A Marriage of Inconvenience<\/em>, first published on this Blog 29 June 2015<\/a>.<\/li>\n
- From October to November 2015, Michael G. Karnavas<\/strong><\/a> developing the concept and contents for the E-learning course and examination on professional ethics for lawyers for Macedonia, sponsored by the the Organization for Security and Co-operation in Europe (OSCE) and the Macedonian Bar Association.<\/li>\n<\/ul>\n
- On 22 and 23 October 2015, Michael G. Karnavas participated in the Third International Meeting<\/a> of Defence Offices at the International Criminal Courts in Geneva, Switzerland.<\/li>\n<\/ul>\n
- From 25 to 30 October 2015, Michael G. Karnavas<\/strong><\/a> conducted a series of one-day trainings for criminal defense lawyers in effective criminal defense, with special emphasis on General Principles of Evidence and Objections, in Skopje, Macedonia, sponsored by the Organization for Security and Co-operation in Europe (OSCE) and the Macedonian Bar Association.<\/li>\n<\/ul>\n
- On 5 December 2015 the Association of Defense Counsel Practising before the ICTY held a Conference on the Situation of Defence Counsel at International Criminal Courts and Tribunals<\/em> in The Hague.\u00a0 Michael G. Karnavas<\/strong><\/a> was a member of a panel on The Importance of a Bar Association for Interantional Criminal Courts and Tribunals<\/em>.<\/li>\n<\/ul>\n
- On 18 January 2016, Michael G. Karnavas<\/strong><\/a> participated in a roundtable discussion The Amicus Curiae in International Criminal Justice<\/strong>,<\/em> hosted by Leiden University in cooperation with the Australian Human Rights Centre. The roundtable discussion was divided into three panel sessions addressing: the strategy and impact of the amicus curiae<\/em> briefs before the ICC (panel 1); the possibility of the amicus curiae<\/em> affecting fair trial rights and the possibility of \u201cco-opting\u201d amicus<\/em> as defence, the amicus<\/em> prosecutor and victims and states amicus<\/em> (panel 2); procedural implications, ethical challenges and future directions for managing the amicus curiae<\/em> process (panel 3). For more on Michael Karnavas\u2019s presentation outline, click here<\/a>. To view the agenda, click here.\u00a0 <\/a>To view the executive summary, click here<\/a>.\u00a0 To view the full roundtable report, click here<\/a><\/li>\n<\/ul>\n
- On 23 January 2016, Michael G. Karnavas<\/a> <\/strong>made a presentation before the International Criminal Defence Lawyers (ICDL)-Germany 10th Annual Meeting in Berlin, Germany, titled List Counsel of the ICC Unite: Vision or Illusion for a Bar Association of List Counsel and their Staff?<\/strong>\u00a0 <\/em>Click here for the agenda<\/a>.<\/li>\n<\/ul>\n
- From 8-12 February 2016, Michael G. Karnavas<\/strong><\/a> participated in the Sub-Regional Seminar of Counsel and the Legal Profession in Arusha, Tanzania, hosted by the ICC Registrar<\/em>. <\/strong> The first part of the Seminar (8 and 9 February) was aimed to provide a platform for dialogue and cooperation of legal professionals in the region and the International Criminal Court (ICC). The second part of the seminar was devoted to training. On 9 February 2016, Michael G. Karnavas<\/a> <\/strong>participated in a panel discussion titled The Importance of Establishing an ICC Bar Association<\/em><\/strong>. He also moderated a 2-hour closed-session discussion among the participants on the ongoing developments of drafting the constitution for the ICC Bar Association (ICCBA). The ICC List Counsel among the participants expressed 100% support of the work of the Drafting Committee and the idea of establishing the ICCBA.Click here for the agenda<\/a>.<\/li>\n<\/ul>\n
- From February to March 2016, Michael G. Karnavas<\/strong><\/a> provided intensive cross-examination training for the Bosco Ntaganda Defence team at the ICC.<\/li>\n<\/ul>\n
- On 2 and 9 March 2016, Michael G. Karnavas<\/strong><\/a> provided pro bono<\/em> ethics training at the Royal University of Law and Economics in Phnom Penh, Cambodia, consisting of two three-hour sessions on the general obligations and responsibilities of a lawyer, with a particular focus on conflicts of interest.<\/li>\n<\/ul>\n
- From\u00a0March 2015 to April 2016, Michael G. Karnavas<\/strong><\/a> chairing the working group on drafting the constitution for and registering under the Dutch law the International Criminal Court Bar Association (ICCBA) for Counsel and their staff appearing before the ICC.<\/li>\n<\/ul>\n
- From January to April 2016, Michael G. Karnavas<\/strong><\/a> provided research and a comprehensive analysis on the principles of reasonable doubt and in dubio pro reo<\/em> to assist in their application to Macedonia\u2019s new criminal procedure code, which is civil law based with adversarial modalities.<\/li>\n<\/ul>\n
- On 10 June 2016,\u00a0Michael G. Karnavas<\/strong><\/a> lectured at an international affairs class on atrocity crimes taught by Dr. Craig Etcheson, at Pannasastra University, Phnom Penh Cambodia. The focus was on the rights of the accused and fair trial rights in the context of representing accused on charges such as genocide and crimes against humanity, before international tribunals, and in particular the Extraordinary Chamber in the Courts of Cambodia (ECCC).<\/li>\n<\/ul>\n
- \u00a0On 14 June 2016, Michael G. Karnavas<\/strong><\/a> conducted a 3 hour training on drafting submissions and motion practice, as part of the Mock Trial training organized by the ADC-ICTY and ICLB (International Criminal Law Bureau). Focused on the technical aspects of drafting motions, responses, replies, motions for reconsideration, motions for clarification, and interlocutory appeals, the training also covered strategic decision-making in filing submissions, ethics in drafting, due diligence and perfecting errors on the trial record for purposes of appeal.<\/li>\n<\/ul>\n
- From 20-21 June 2016, Michael G. Karnavas<\/strong><\/a> delivered a training program on Plea Bargaining and the role of Kazakhstan Procedural Prosecutors in Astana, Kazakhstan, organized by The Organization for Security and Co-operation in Europe (OSCE) and the Kazakhstan Prosecutor General\u2019s Office (PGO). This was part of an initiative by the OSCE, PGO, the Kazakhstan Supreme Court and other government agencies. Among the new concepts, pleas bargaining was introduced within the framework of the criminal procedure code (CPC) to establish a more efficient criminal justice system in Kazakhstan, without compromising a balance between due process and procedural economy. The aim of the two day (16 hours) training was to familiarize the participants (more than 20 prosecutors and 5 criminal defense lawyers) with the best practices in using plea bargaining in criminal proceedings and in strengthening their understanding and practical skills through intensive discussion and mock exercises.<\/li>\n<\/ul>\n
- On 6 July 2016, Michael G. Karnavas<\/a><\/strong> conducted a 1,5 hour lecture at the ICTY on the role of the defence before the international criminal tribunals for a visiting group from the University of Salzburg, Austria.<\/li>\n<\/ul>\n
- On 26 November 2016, International Criminal Law Review <\/em>published an article by Michael G. Karnavas<\/strong><\/a>, Defence Counsel Ethics, the ICC Code of Conduct and Establishing a Bar Association for ICC List Counsel<\/em><\/a> (International Criminal Law Review, Volume 16, Issue 6, pages 1048 – 1116 (2016).) \u00a0 This article is based on Michael G. Karnavas\u2019s<\/strong> presentation Lawyer Ethics and the work of the ICC Disciplinary Organs<\/em> at Maastricht Seminar for Members of the List of Counsel before the International Criminal Court on 16 & 17 July in Maastricht University, Maastricht, 17 July 2015. \u00a0The article analyzes the Defence Counsel\u2019s duty to zealously represent their clients: What exactly does it mean to ‘zealously represent’ a client before any of the international criminal courts or tribunals? How unproblematic is it for defence counsel to meet their ethical duties? Would an International Criminal Court (ICC) Bar or professional association for ICC List Counsel and their assistants be of any significance to that end? <\/em><\/li>\n<\/ul>\n
- In November-December 2016, Michael G. Karnavas <\/strong><\/a>was selected by the Organization for Security and Cooperation in Europe (OSCE) Mission to Serbia as the International Consultant to make an assessment and submit a report with specific proposals for reform and improvement of the institutional and regulatory framework of the Attorney\u2019s Academy (Academy) of the Bar Association of Serbia (BAS), and to recommend a detailed program for the organization of the training activities and a strategic plan for a long term (2-3 years) Continuing Legal Education program.\u00a0 The BAS is a national \u201cumbrella\u201d bar for eight regional bars with approx. 8000 members. The BAS established the Academy in 2013 for the purpose of providing professional training for Serbian lawyers and trainees.\u00a0 As part of the assessment, Mr. <\/strong>Karnavas went on two field visits (5-7 December and 18-21 December 2016) to conduct a series of interviews with the representatives of the BAS, the Ministry of Justice, the Judicial Academy, civil societies, and NGOs. Mr. <\/strong>Karnavas submitted a preliminary report 29 December 2016.<\/li>\n<\/ul>\n
- On 24 February 2017, the Edward Elgar Publishing published a chapter co-authored by Kate Gibson, John RWD Jones QC, Michael G. Karnava<\/strong>s<\/a> and Melinda Taylor, titled \u201cRegulation of the International Bar: The Particular Challenges for Defence Counsel at the International Criminal Courts and Tribunals<\/a>\u201d <\/em>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.<\/li>\n<\/ul>\n
- The Organization for Security and Cooperation in Europe (OSCE) Mission to Serbia published a report by Michael G. Karnavas<\/strong><\/a> titled \u201cProposals 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<\/a>\u201d<\/em>. The Report analyzes and assesses the training needs of Serbian lawyers and the training capacities of the Attorney\u2019s Academy of the Bar Association of Serbia.\u00a0 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.<\/li>\n<\/ul>\n
- On 23 August 2017, Michael G. Karnavas<\/strong><\/a> 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.<\/li>\n<\/ul>\n
- On 6 October 2017, Michael G. Karnavas<\/strong><\/a> participated in an international conference and the roundtable discussion titled \u201cDoubt in favour of the defendant, guilty beyond reasonable doubt<\/em>\u201d dedicated to the launch and promotion of a comparative study publication of the same name (available in English here<\/a>). Mr. Karnavas\u2019s presentation provided a historical analysis of the reasonable doubt standard and the principle of in dubio pro reo<\/em>, 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\u2019s efforts to support and contextualize adversarial modalities introduced to the new Macedonian criminal procedure \u2013 a hybrid system established as part of Macedonia\u2019s 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 \u201cTheoretical and Practical Aspects of the Standard of Proof Beyond a Reasonable Doubt & The Principle of In Dubio Pro Reo<\/em> in Common Law Jurisdictions.\u201d Click here <\/a>for the Agenda of the conference and here <\/a>for a Synopsis of Mr. Karnavas\u2019s presentation.<\/li>\n
- On 24 October 2017, Michael G. Karnavas<\/strong><\/a> participated in Evidence Commentary Coordination and Authors\u2019 Meeting at the premises of the German Embassy in The Hague. The project\u2019s 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<\/strong> will focus and analyze the relevant law on the topic of the testimony of the accused.<\/li>\n<\/ul>\n
- On 25-27 October 2017, Michael G. Karnavas<\/strong><\/a> participated in the Academy Colloquium International Criminal Justice and the Enforcement Deficit: In Search of Sui Generis Theories and Procedure<\/em> at The Royal Netherlands Academy of Arts and Sciences (KNAW) organized by Professor Andr\u00e9 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<\/span> 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<\/span> <\/a><\/span>for the Colloquium Agenda and here <\/a>for a blog post on Michael G. Karnavas<\/strong>\u2019s presentation on the Position of the Defence and Adequate Facilities<\/em>.<\/li>\n<\/ul>\n
- On 9 December 2017, Michael G. Karnavas<\/a><\/strong> 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\u2019s theme was International Crimes: Past, Present and Future Perspectives<\/em><\/a>. 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 \u201ccivilian\u201d 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<\/em> along with the parties responded, was whether under customary international law between 1975 and 1979 (ECCC\u2019s temporal jurisdiction) an attack against a state\u2019s own armed forces amounted to an attack against a civilian population for crimes against humanity. To view the Summary of Michael G. Karnavas\u2019s presentation click here<\/a>. For an in-depth discussion of this issue, see his three-part blog post series here<\/a>, here<\/a>, and here<\/a>.<\/li>\n<\/ul>\n
- On 14 December 2017,\u00a0Hrvatski tjednik<\/em>, a Croatian weekly newspaper, published an interview (Croatian<\/a>, English<\/a>) with Michael G. Karnavas<\/a><\/strong> on the Prli\u0107, et al<\/em> case based on his post in memory of General Slobodan Prlajak<\/a><\/li>\n<\/ul>\n
- On May 8 to May 9, 2023, Michael G. Karnavas<\/a><\/strong> 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.<\/li>\n