International Criminal Procedure Expert Framework

Transcription

1 International Criminal Procedure Expert Framework Researchers and Steering Board Members Guido Acquaviva Legal Officer in the Appeals Chamber of the ICTY Bio He previously served as Legal Officer in the Office of the President of the ICTY. His education includes an LL.M. in international and comparative law from Tulane Law School (Fulbright scholar) and a Ph.D. in international relations from the University of Padova. He is a member of the faculty of the LL.M. in International Criminal Law and Crime Prevention (University of Turin and UNICRI) and of the Master in Peacebuilding and Conflict Resolution (University of Trento). Acquaviva is one of the editors of the Oxford Companion to International Criminal Justice and serves as a member of the Editorial Committee of the Journal of International Criminal Justice. He has published widely on matters related to international criminal law as well as public international law in general. Gideon Boas Senior Lecturer at Monash University, Melbourne, Australia Bio Until October 2006 he served as Senior Legal Officer to Trial Chamber III of the ICTY and Senior Legal Adviser to that Chamber on the Milošević case. His professional experience include nine years working for the ICTY, as well as working in the field of international humanitarian law for the Australian Red Cross, ICRC and International Federation of the Red Cross and Red Crescent, as a consultant in international law and human rights and a legal practitioner in Australia. He holds a Ph.D. and an LL.M. in international criminal law. He is the author of The Milošević Trial: Lessons for the Conduct of Complex International Criminal Proceedings (Cambridge University Press, 2007), the co-author of a three-volume series on international criminal law to be published by Cambridge University Press ( ) and General Editor of the Leiden Journal of International Law. Helen Brady Senior Appeals Counsel in the Office of the Prosecutor of the ICTY Bio Ms Brady has represented the Prosecution as lead counsel and co-counsel in numerous appeals before the ICTY and ICTR Appeal Chambers. From 2009 to mid-2010 she served as Chef de Cabinet in the Office of the President in the Chambers of the Special Tribunal for Lebanon. Prior to joining the ICTY, she worked as a Prosecution lawyer with the Office of the Director of Public Prosecutions (NSW) in Sydney ( ), a member of the Australian Government Delegation to the Rome Conference and to the Preparatory Commission for the International Criminal Court ( ) and in law firms in Sydney and San Francisco ( ). Ms Brady lectures regularly, and has written several publications on international criminal law and procedure. She has also trained investigators, prosecutors and judges from other international and domestic war crimes courts including the Extraordinary Chambers in Cambodia and the State Court of Bosnia. She holds a Bachlor of Laws (LL.B), a Bachelor of Science (B.Sc.) from the Australian National University and a Master of Law (LL.M.) from the University of Cambridge. She is admitted to practice law in Australia and California. 1

2 Anne-Marie de Brouwer Associate Professor in criminal law and international criminal law at Tilburg University, Tilburg, the Netherlands Bio Previously she was an associate legal officer at the Women s Initiatives for Gender Justice in The Hague. She is the author of Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR (Oxford Antwerp: Intersentia, 2005), for which she received the Max van der Stoel Human Rights Award She is a member of the International Advisory Council of the Centre for Justice and Reconciliation in The Hague, the chair of the board of the organisation Mukomeze ( Empower her ) and a senior researcher with the International Victimology Institute Tilburg (INTERVICT). Nancy Amoury Combs Assistant Professor of Law at William and Mary University, Williamsburg, U.S.A. Bio She received her B.A. in philosophy, summa cum laude, from the University of Portland and her Ph.D. from Leiden University in December She previously served as legal advisor at the Iran-United States Claims Tribunal in The Hague and a law clerk to Judge Diarmuid O'Scannlain on the Ninth Circuit Court of Appeals and to Justice Anthony Kennedy at the United States Supreme Court. Her major publications include Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach (Stanford University Press, 2007) and Fact Finding in International Criminal Law: The Appearance, the Reality, and the Future (Cambridge University Press, forthcoming in 2009). Matteo Costi Appeals Counsel in the Office of the Prosecutor of the ICTY Bio Over the past years Mr. Costi has served as counsel in appeals cases before the ICTY Appeal Chambers. Prior to this he was a Criminal Lawyer in Bologna, Italy ( ). He is a member of the faculty of the LL.M. in International Criminal Law and Crime Prevention (University of Turin and UNICRI) and lecturer in International Criminal Law at the University of Bologna. He has published on international criminal law and procedure and he is co-author of Introduzione al diritto penale internazionale (Giuffrè, 2006). Yvonne McDermott Irish Centre for Human Rights at the National University of Ireland, Galway, Ireland Bio She holds a degree in Law from the National University of Ireland, Galway, and an LL.M. cum laude in Public International Law from Leiden University. She is currently undertaking a Ph.D. in the Irish Centre for Human Rights where her research is on fair trial rights in international criminal proceedings. Yvonne is the winner of the inaugural Böhler Franken Koppe Wijngaarden advocaten/hague Academic Coalition Award for Young Professionals (2009), and is co-editor of the Oxford Reports on International Criminal Law. 2

3 B. Don Taylor III Associate Legal Officer in Trial Chamber II of the ICTY Bio Qualifications include J.D. (University of Arizona, 1995) and LL.M.. (Leiden University, 2006). He is on the Editorial Board of the Leiden Journal of International Law and is the author of several publications on international criminal law. Håkan Friman Director of the Division for Criminal Cases and International Legal Cooperation at the Swedish Ministry of Justice and Honorary Professor at University College London, London, U.K. Bio Formerly Associate Judge of Appeals, Svea Court of Appeals, Stockholm, Sweden, a Consultant for the Swedish Section of the International Commission of Jurists (South Africa Project) and Professor of Procedural Law, University of Pretoria, South Africa. Friman has served as a member of the Swedish ICC delegation since 1996 and to the Rome Conference. He is the author of numerous publications on international criminal law including the recent collaboration An Introduction to International Criminal Law and Procedure (Cambridge University Press, 2007). Fergal Gaynor Trial attorney in the Office of the Prosecutor of the ICTY Bio Barrister-at-law in Ireland and member of the Editorial Committee of the Journal of International Criminal Justice. Formerly he was associate ar Freshfields Bruckhaus Deringer and legal adviser to the Bank of England, on secondment from Freshfields. He has also been legal adviser to the United Nations International Independent Investigation Commission, trial attorney at the ICTY and ICTR and adjunct lecturer at the Irish Centre for Human Rights. He received an LL.B at Trinity College in Dublin and a M.Phil. at Cambridge University. Lorenzo Gradoni Member of the Department of Legal Sciences at the University of Bologna, Bologna, Italy Bio Formerly Research Assistant at the Graduate Institute, Geneva. Received his degree (cum laude) in Political Science at the University of Bologna. The author of several publications on international criminal law and procedure. Fabricio Guariglia Senior Appeals Counsel in the Office of the Prosecutor of the ICC Bio Formerly served as Appeals Counsel in the Office of the Prosecutor at the ICTY and as member of the Argentine ICC delegation to the Rome Conference. His academic appointments include the positions of visiting fellow at the London School of Economics, Permanent Adjunct Professor of Criminal Law and Procedure at the Faculty of Law of the University of Buenos Aires, and Visiting Professor at the University of Münster. He has taught numerous courses and spoken at conferences on the problems of international criminal law, comparative criminal law and human rights. Guariglia has published extensively in the field. 3

4 Till Gut Research Associate and Ph.D. Candidate, University of Cologne, Germany and Law Clerk at the Regional Court of Cologne, Germany Bio Till attended the University of Freiburg (Germany) and McGill University (Canada). After graduating from Freiburg in 2004, he worked with a law firm in Düsseldorf and then clerked for Judge Schomburg of the ICTY/ICTR. Since late 2005, he has been a research associate with Professor Dr. Claus Kress, who is the supervisor for Till s thesis on defense counsel misconduct before the international criminal courts. Margaret DeGuzman Assistant Professor of criminal law and international criminal law at Temple University, Philadelphia, U.S.A. Bio She is also a doctoral candidate at the Irish Center for Human Rights at the National University of Galway. She previously taught human rights law at Georgetown University and practiced criminal defense law in San Francisco, California. She participated in the Rome Conference on the International Criminal court as a legal advisor to the delegation from Sénégal. She has published numerous articles and book chapters on international criminal law. Mikaela Heikkilä Doctoral researcher at the Institute for Human Rights at the Åbo Akademi University, Turku, Finland Bio The author of International Criminal Tribunals and Victims of Crime - A Study of the Status of Victims before International Criminal Tribunals and of Factors Affecting This Status (2004). Jenia Iontcheva Turner Associate Professor at the SMU Dedman School of Law, Dallas, U.S.A. Bio Formerly a Coker Fellow at Yale Law School and articles editor for the Yale Law Journal and the Yale Journal of International Law. From 2002 to 2004, she served as a Bigelow Fellow at the University of Chicago Law School, where she taught Legal Research and Writing and Comparative Criminal Procedure. Her teaching and scholarship interests are criminal law and procedure and public international law. Her major publications include Plea Bargaining Across Borders (Aspen Global Dimension Series, forthcoming 2009), Defense Perspectives on Law and Politics in International Criminal Trials (48 Vanderbilt Journal of Int l Law 2008) and Transnational Networks and International Criminal Justice (105 Michigan Law Review 2007). 4

5 John Jackson Professor and Dean of the University College Dublin, Dublin, Ireland and Professor at Queen s University, Belfast, Ireland Bio He was educated at the University of Durham (1976) and University of Wales (LL.M.., 1980) and called to the Bar of Northern Ireland in 1977 and to the English Bar in Jackson was appointed Lecturer in Law at Queen s University Belfast in 1980, became Reader in Law in 1990 and Professor of Public Law in He has taught at a number of law schools including University College Cardiff, the City University London and the University of Sheffield where he was Reader in Law in 1993 and He has also held Visiting Professorships at Hastings College of the Law, University of California in 2000 and at the Faculty of Law, University of New South Wales in From he was an independent assessor on the Northern Ireland Criminal Justice Review which was established under the Belfast Agreement to review the Northern Ireland criminal justice system. He is currently a Life Sentence Review Commissioner for Northern Ireland. Presently the recipient of a British Academy Two Year Research Leave Fellowship (from ). His research focuses on Evidence, Comparative Criminal Procedure and Human Rights. Co-editor of several publications on comparative criminal law, including Judge without Jury: Diplock Trials in the Adversary System (Clarendon Press, 1995), The Judicial Role in Criminal Proceedings (Hart, 2000). Dov Jacobs Ph.D. researcher at the European University Institute, Florence, Italy Bio Currently also Assistant professor in International law at Leiden University, the Netherlands. Nina Jørgensen Associate professor at the faculty of law, Chinese University of Hong Kong, Hong Kong, China Bio Formerly a Legal officer at the ECCC. Before that she was a Research Fellow with the British Institute of International and Comparative Law and Senior Legal Adviser, Office of the Prosecutor, Special Court for Sierra Leone. Her numerous publications in the field of international criminal law include, among others: The Responsibility of States for International Crimes (Oxford University Press, 2000). Stefan Kirsch Criminal lawyer with Hamm and Partner, Frankfurt am Main, Germany and Defence counsel at the ICTY and ICTR Bio His name is on the list of Counsel at the ICC. He received his legal education in Frankfurt am Main and in Lausanne, Switzerland and worked as assistant to Professor Dr. Walter Kargl of the chair of Philosophy of Law, Theory of Law and Criminal Law at the Johann Wolfgang Goethe University Law School in Frankfurt am Main before being admitted to the Bar. In he served as vice-president of the Association of Defence Counsel practising before the ICTY. Member of the Committee on European Law of the German Federal Bar (BRAK), which he represents in the Council of the International Criminal Bar, and member of the Executive Committee of the Deutsche Strafverteidiger e.v. He is also a member of the German Bar Association (DAV). Member of the editorial board of the International Criminal Law Review and of the Advisory Board of the Centre for Criminal Law and Criminal Justice at Durham University. The author of numerous publications on international criminal law and procedure. 5

6 Mark Klamberg Ph.D. candidate and lecturer at Stockholm University, Stockholm, Sweden Bio He has served as a legal clerk at the district court of Blekinge ( ) and at the International Criminal Court (2006). He has also served as a desk officer at United Nations Association of Sweden ( ) and as a course coordinator at Folk och Försvar, Defence and Society ( ). He has internship experience from the Department of Public International Law at the Swedish Ministry for Foreign Affairs (2001). Dustin A. Lewis Program Associate at Harvard University, Cambridge, U.S.A. Bio LL.M. (summa cum laude) in International Law of Human Rights and Criminal Justice, Utrecht University (The Netherlands); A.B. (cum laude) in History, Harvard University (Cambridge, Massachusetts, USA). Former Visiting Professional, International Criminal Court, Chambers. Suzannah Linton Professor of International Law, Bangor University, Bangor, U.K. Bio Professor Linton previously directed the LL.M. in Human Rights programme at the University of Hong Kong from Professor Linton teaches Public International Law, and specialised options such as International Criminal Law, International Humanitarian Law and International Human Rights Law. Professor Linton has wide practical work experience with international courts and tribunals and international organisations, including the ICTY, the Office of the UN High Commissioner for Human Rights and the Special Panels for Serious Crimes in East TImor. She has worked especially intensively in the Balkans, Cambodia, Indonesia, East Timor and Bangladesh. Professor Linton recently launched a major website providing global access to Hong Kong's War Crimes Trials, a forgotten post-world War II accountability process, and edited the Criminal Law Forum's Special Edition on the international crimes proceedings in Bangladesh. Karel de Meester Ph.D. candidate at the Amsterdam Center for International Law of the University of Amsterdam, Amsterdam, the Netherlands Bio His research focus is on the pre-trial phase in international criminal proceedings. He holds a Masters Degree in Law from the Catholic University of Leuven and a European Masters Degree in Human Rights and Democratisation from the Inter-University Centre for Human Rights and Democratisation in Venice and the University of Maastricht. In 2006, he received several awards, including the Max van der Stoel Prize for his dissertation Corporate Involvement in Gross Human Rights Violations and the Lack of an International Forum, a Future Role to Play for the ICC? which was published by Marsilio Editori (Italy). 6

7 Frédéric Mégret Assistant Professor of Law, Canada Research Chair of the Law of Human Rights and Legal Pluralism and Director of the McGill Clinic for Sierra Leone Special Court, McGill University, Montreal, Canada Bio Before joining the University of McgGill, he was an Assistant Professor at the Faculty of Law of the University of Toronto. In the past, he has worked for the International Committee of the Red Cross and was a member of the French delegation at the Rome conference that created the ICC. From the summer of 2009, he is involved in a three-year research project entited 'International Criminal Justice v. Transitional Justice', which explores issues of hybridity, accountability and victim-orientation in the context of international criminal courts. Daryl Mundis Senior Trial Attorney in the Office of the Prosecutor of the ICTY Bio The author of an extensive number of publications on international criminal law and the jurisprudence of international criminal tribunals. Member of the Editorial Committee of the Journal of International Criminal Justice. Sarah Nouwen Ph.D. candidate at Cambridge University, Cambridge, U.K. Bio Sarah Nouwen was previously Rule of Law and Good Governance advisor and Consultant to the Royal Netherlands Embassy in Khartoum. She received her LL.B. and LL.M. titles from Universiteit Utrecht, the Netherlands. She is the author of several publications on international criminal law. Jens David Ohlin Assistant Professor at Cornell University, Ithaca, U.S.A. Bio Formerly, Prof. Ohlin taught as an associate-in-law at Columbia Law School, where he received a J.D. in 2005 and a Ph.D. in philosophy in His scholarship has appeared in the Columbia Law Review, the American Journal of International Law, the Journal of International Criminal Justice, and the Journal of Criminal Law & Criminology. He is a member of the editorial committee of the Oxford Companion to International Criminal Justice and a guest editor of a special issue on torture for the Journal of International Criminal Justice. His book Defending Humanity: When Force is Justified and Why (with G.P. Fletcher) was published by Oxford University Press in Kelly Pitcher Junior Lecturer and Researcher, University of Amsterdam, Amsterdam, the Netherlands Bio Kelly Pitcher studied law at the University of Kent ( ), the University of Aberdeen ( ) and the University of Amsterdam ( ). She has previously worked with counsel representing accused at the ICTY ( ) and at an international law firm based in Amsterdam ( ). In addition to undertaking Ph.D. research in the field of international criminal procedure, Kelly teaches subjects in Dutch criminal law. 7

8 Rod Rastan Legal Advisor in the Office of the Prosecutor of the ICC Bio Formerly ICTY and UN Human Rights field operations. His academic qualifications include a Ph.D. (LSE) and an LL.M. (Nottingham). The author of several publications on international criminal justice Astrid Reisinger Coracini Lecturer at the Institute of International Law and International Relations, University of Graz, Graz, Austria Bio She is also the Executive Director at the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS). Until 2006 Ms. Astrid Reisinger Coracini was a Legal Officer to the Austrian Federal Ministry for Foreign Affairs. Prior to this ( ), she served as a Research Assistant for International Criminal Law under Prof. Dr. Otto Triffterer at the Institute for Criminal Law, Criminal Procedure and Criminology at the University of Salzburg. She authored numerous publications, the most recent ones being 'Evaluating Domestic Legislation on the Customary Crime of Agression under the Rome Statute's Complementarity Regime', in Göran Sluiter/Carsten Stahn (eds.) and The ICC's Emerging Practice: The Court At Five Years' (2009). Barbara Roche Legal Officer in the Chambers of the ICC William Schabas Professor of Human Rights Law and Director of the Irish Centre for Human Rights at the National University of Ireland, Galway, Ireland. Bio He is also Global Legal Scholar at the University of Warwick School of Law, Visiting Professor at Queen s University Belfast School of Law and Benjamin N. Cardozo School of Law and professeur associé at the Université du Québec in Montreal. Professor Schabas holds post-graduate degrees in history and in law from universities in Canada. He is the author of eighteen monographs and more than 200 articles dealing with international human rights law and international criminal law. Professor Schabas was a member of the Sierra Leone Truth and Reconciliation Commission. He is an Officer of the Order of Canada and a Member of the Royal Irish Academy, and has an LL.D. honoris causa from Dalhousie University, Halifax, Nova Scotia. Göran Sluiter Professor of International Criminal Law, in particular the Law of International Criminal Procedure at the University of Amsterdam, Amsterdam, the Netherlands and judge at the Utrecht and The Hague District Courts. Bio Sluiter sat on the Van Anraat case, the first genocide case in the Netherlands. Previously, he worked as a Senior Lecturer in Criminal Law at the University of Amsterdam and Lecturer in International Law at Utrecht University. He is the co-founder and co-editor of the series Annotated Leading Cases of International Criminal Tribunals, the co-editor of The Emerging Practice of the International Criminal Court (Brill, 2008) and the co-editor of International Criminal Procedure: Towards a Coherent Body of Law (CMP, 2009). He is also the author of International Criminal Adjudication and the Collection of Evidence: Obligations of States (Intersentia, 2003) and the co-author of International Criminal Law: A Critical 8

9 Introduction (Oxford University Press, 2008). He has published an extensive number of articles in journals, including the Journal of International Criminal Justice and International Criminal Law Review, where he serves as a member of the editorial committee and a member of the editorial board respectively. Carl-Friedrich Stuckenberg Professor of Criminal Law at the University of Saarlanden, Saarbrücken, Germany Bio Formerly Senior Research Fellow at the Institute for Criminal Law and the Institute for Legal Philosophy at the University of Bonn. He wrote his dissertation in 1997 and was habilitated in 2006 at the University of Bonn. He currently teaches Criminal Law, Criminal Sociology and several other advanced Criminal Law and International Criminal Law courses. He has authored numerous publications on criminal law. Melinda Taylor Associate Counsel in the Office of Public Counsel for the Defense of the ICC Bio Taylor graduated in Arts/Law at the University of Queensland, Australia, with a focus on International relations and political science. Vladimir Tochilovsky Trial Attorney in the Office of the Prosecutor of the ICTY Bio Formerly, he worked for 18 years as a District Attorney and Regional Deputy Procurator in the Ukraine. He was involved in the early stages of ICC institution-building, in the capacity of an official representative of the ICTY. He also served as a consultant to the ICC Office of the Prosecutor. Tochilovsky holds a Ph.D. in prosecution and criminal procedure (1985, Taras Shevchenko National University, Kiev, Ukraine) and taught Public Prosecution and Criminal Procedure at the Odessa State University ( ). He has also authored numerous publications on international criminal justice and criminal procedure, the most recent one being Jurisprudence of the International Criminal Courts and the European Court of Human Rights: Procedure and Evidence (Martinus Nijhoff, 2008). Sergey Vasiliev Ph.D. candidate in international criminal procedure at the University of Amsterdam, Amsterdam, the Netherlands Bio He holds a law degree from the Bashkir State University in Russia (2003) and an LL.M. in International and European Criminal Law from the University of Maastricht (2005). Coeditor of International Criminal Procedure: Towards a Coherent Body of Law (CMP, 2009) and author of several publications on international criminal law and procedure. Thomas Weigend Professor of Criminal Law, Criminal Procedure and International Criminal Law at the University of Cologne, Cologne, Germany Bio He has published extensively on guilty pleas, prosecutorial discretion, the role of the victim and the protection of witnesses in criminal process. 9

10 Alexander Zahar Senior Lecturer at Macquarie University, Sydney, Australia Bio Formerly a Legal Officer at the ICTY and ICTR. Dr. Zahar has published extensively on international criminal law, including the book International Criminal Law: A Critical Introduction (Oxford University Press, 2008). A collection of essays edited by Dr. Zahar with Professor Sluiter and the late Professor Swart, entitled The Legacy of the International Criminal Tribunal for the Former Yugoslavia, was published in May 2011 by Oxford University Press. Salvatore Zappalà Professor of International Law, University of Catania, Catania, Italy Bio Before being awarded a Ph.D. at the European University Institute in Florence (2000), he worked at the Registry and Chambers of the ICTY ( ). His subsequent appointments include Associate Professor at the University of Pisa, Italy and the University of Florence, France and Scientific Project Manager of ETHICS (European Training in Higher International Criminal Sciences) at the European University Institute. Prof. Zappalà has published extensively in the field of international criminal law. He is the author of Human Rights in International Criminal Proceedings (Oxford University Press, 2003). Prof. Zappalà is also a member of the board of editors and managing editor of the Journal of International Criminal Justice. 10