Michael G. Karnavas, International Criminal Defense Lawyer

International Criminal Law

          ICTY

Lead Counsel for Dr. Jadranko Prlić in Prosecutor v. Prlić et. al., from April 2005 to present. Dr. Jadranko Prlić was charged and tried on the basis of individual and superior criminal responsibility for: Grave Breaches of the Geneva Conventions (willful killing; inhuman treatment (sexual assault); unlawful deportation, transfer, and confinement of a civilian; inhuman treatment; extensive destruction of property and appropriation of property not justified by military necessity and carried out unlawfully and wantonly); Violations of the Laws or Customs of War (cruel treatment; unlawful labor; wanton destruction of cities, towns or villages, or devastation not justified by military necessity; destruction or willful damage done to institutions dedicated to religion or education; plunder of public or private property; unlawful attack on civilians; unlawful  infliction of terror on civilians); and Crimes Against Humanity (persecutions on political, racial, or religious grounds; murder; rape; deportation; imprisonment; inhumane acts).  The trial lasted 5 years and is currently on appeal.  

Lead Counsel for Shefqet Kabashi in Prosecutor v. Kabashi, from November 2010 to November 2011.  Mr. Kabashi was charged with two counts of contempt of court (knowing and willful interference with the administration of justice by contumaciously refusing or failing to answer a question as a witness before a Chamber) on two occasions in the case of Haradinaj et al.

Lead Counsel for Colonel Vidoje Blagojević in Prosecutor v. Blagojević and Jokić, from January 2001 to March 2005. Colonel Blagojević was charged and tried on the basis of individual and superior criminal responsibility for: Complicity to Commit Genocide; Crimes Against Humanity (extermination, murder, persecutions on political, racial, or religious grounds, inhumane acts, (forcible transfer)); and Violations of the Laws and Customs of War (murder).  The trial lasted nearly two years.

Duty Counsel for various accused individuals and witnesses before the ICTY.

         ECCC

International Co-Lawyer for Ieng Sary in Case of NUON Chea et. al. (Case 002), from December 2007 to March 2013.  Ieng Sary, who was Deputy Prime Minister for Foreign Affairs for Democratic Kampuchea (17 April 1975 – 6 January 1979), was charged and tried on the basis of individual and superior criminal responsibility for: Crimes Against Humanity (murder, extermination, enslavement, deportation, imprisonment, torture, persecution on political, racial, or religious grounds and other inhumane acts); Genocide, by killing members of the groups of Vietnamese and Cham; and Grave Breaches of the Geneva Conventions of 1949 (willful killing, torture or inhumane treatment, willfully causing great suffering or serious injury to body or health, willfully depriving a prisoner of war or civilian the rights of fair and regular trial, unlawful deportation or unlawful confinement of a civilian). The proceedings against Mr. Ieng Sary were terminated on 14 March 2013 following his death.  For more see: www.iengsarydefence.org.

International Co-Lawyer for a suspect in Case 003, June 2012 to present. 

International Development / Rule of Law Experience

Mr. Karnavas has extensive experience with international development and rule of law programs.  He has participated in numerous judicial reform projects in Asia and Europe, training judges, prosecutors and lawyers, training trainers on how to teach trial skills, drafting legislation, and establishing legal aid agencies. Some of the projects include:

Executive Director and Chairman, Brčko Law Revision Commission (BLRC) of the Office of the High Representative–North Brčko District 1999-2001, tasked with the authority pursuant to the Final Award of the Arbitral Tribunal for the Dispute Over Inter-Entity Boundary in Brčko Area of Bosnia and Herzegovina to draft and modify existing laws to produce a uniform system of laws throughout the Brčko District.  The BLRC was created as mandated by the Dayton Agreement Arbitral Tribunal, with the mandate to draft the legal and regulatory framework of the newly created Brčko District.  For more on the BLRC, see Michael G. Karnavas, Creating the Legal Framework of the Brčko District of Bosnia and Herzegovina: A Model for the Region and Other Postconflict Countries, American Journal of International Law, Vol. 97, No. 1 (Jan. 2003), pp. 111-131. 

Senior Trainer, Cambodian Court Training Project, International Human Rights Group, from April 1995 to June 1996. Provided training to judges and prosecutors throughout Cambodia on substantive and procedural law, ethics, conducting investigations, assessing evidence in making findings of facts and conclusions of law, the role of the defence, international principles and standards of fair trial rights, and general principles on the Rule of Law.

Trial Advocacy Trainer, Cambodian Defender Project, International Human Rights Group, from July to August 1994. Conducted a 30-day intensive trial advocacy training for 25 human rights advocates undergoing a one year training program to become advocates for indigent suspects and accused.  Also drafted a practical trial advocacy manual specifically tailored to the then-applicable procedures in Cambodia.

USA Experience

Private practice, appearing both in State and 
Federal Courts at the trial and appellate level, 
1983-1986; 1997-1999. 

Trial Consultant, specializing in complex matters, 
including death penalty cases, from 1995 to 1999.

Senior Trial Attorney, Alaska Public Defender Agency, 
from January 1989 to April 1995. 

Assistant Federal Defender, 
Alaska Federal Public Defenders, 
from April 1986 to June 1988.

Professional Teaching & Training Experience

Trainer, Public Institute Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina, in Sarajevo, Bosnia and Herzegovina, in April 2011. Trained judges and prosecutors to be trainers on war crimes and international criminal law and procedure, sponsored by the War Crimes Justice Project, Office for Democratic Institutions and Human Rights, OSCE.

Trainer/Lecturer, ICC Chambers, Advocacy and Litigation Training, 2010.  Conducted an eight-hour training to judicial staff on behalf of the Leiden University Grotius Centre for International Legal Studies. 

Lecturer / Instructor, Training on Advocacy and Litigation before International Courts and Tribunals, Leiden University Grotius Centre for International Legal Studies, 2009 and 2010. Conducted week-long professional trainings on substantive and procedural law, and advocacy skills relevant to International Courts and Tribunals.

Instructor, Leiden University Grotius Centre for International Legal Studies summer school. Taught trial advocacy skills and lectured on international law and procedure annually since 2003. 

Lecturer, Joint Command Staff Programme at the Canadian Forces College, 2005, 2006, 2007, 2008, 2010, 2011.  Lectured to officers on command responsibility, protection of prisoners, and general principles of international humanitarian law.

Trainer, Organization for Security and Co-operation in Europe (OSCE) in Macedonia, from 2007 to 2010.  Taught four three-day intensive sessions (100 hours in total) to train judges, prosecutors, and lawyers to be trainers in advocacy skills relevant to the new Macedonian Criminal Procedure Code.

Trainer, Two-day professional seminar on cross-examination seminars in Croatia, sponsored by the Croatian Bar Association, 2010.

Trainer, Numerous two to three-day trial advocacy seminars in Bosnia and Herzegovina for lawyers in 2004, 2006, 2007 and 2009.

Instructor, Benjamin N. Cardozo School of Law, Intensive Trial Advocacy Program (ITAP), from 1991 to 2013. Teaching trial advocacy skills to law students.

Instructor, National Criminal Defense College (NCDC), Macon Georgia, USA, from 1992 to 1995. Taught trial advocacy skills at a two-week intensive training program for lawyers.   

Lecturer / Moderator, Participated in numerous conferences and roundtable discussions on the Rule of Law, international human rights, international humanitarian law and international criminal law in the USA, Europe and Asia since 1994.