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The ICTY: Serving Justice for War Crimes

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Interns at the Mechanism for International Criminal Tribunals

by Ben Davis

In May 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) was established by the United Nations in response to mass atrocities that took place in Croatia and Bosnia and Herzegovina. Reports depicting horrendous crimes, in which thousands of civilians were being killed and wounded, tortured and sexually abused in detention camps, and hundreds of thousands expelled from their homes caused outrage across the world and spurred the UN Security Council to act. The key objective of the ICTY is to try those individuals most responsible for appalling acts such as murder, torture, rape, enslavement, destruction of property and other crimes listed in the Tribunal's Statute. By bringing perpetrators to trial, the ICTY aims to deter future crimes and render justice to thousands of victims and their families, thus contributing to a lasting peace in the former Yugoslavia.

Situated in The Hague, the Netherlands, the ICTY has charged over 160 persons. Those indicted by the ICTY include heads of state, prime ministers, army chiefs-of-staff, interior ministers and many other high- and mid-level political, military and police leaders from various parties to the Yugoslav conflicts. Its indictments address crimes committed from 1991 to 2001 against members of various ethnic groups in Croatia, Bosnia and Herzegovina, Serbia, Kosovo and the Former Yugoslav Republic of Macedonia.

International Criminal Tribunal for the former Yugoslavia

I am currently working as a Defence Intern at the International Residual Mechanism for Criminal Tribunals (IRMCT) on the case of Prosecutor v. Jovica Stanisic and Franko Simatovic. I work for the Simatovic Defence team which is conducted and represented by the Association of Defence Counsel (ADC-ICT). Despite the fact that the International Criminal Tribunal for the Former Yugoslavia (ICTY) was created in 1993, the Defence Counsel was not collectively represented until September 2002. The Judges felt that there was a need to have an association, which could first ensure a higher quality for Defence Counsel and make collective representations to the organs of the Tribunal on behalf of all Defence Counsel involved in cases.

The applications for the Internship Programme at the Mechanism for International Criminal Tribunals (MICT) are online. There are a number of sections to complete including work experience, education and positions of responsibility. There is no interview process, but the selection is reviewed by a number of people at positions of responsibility at the ADC-ICT. There are a number of internship positions at the MICT, such as working for the Chamber, Registry, Defence or Prosecution.

Within the first few of months working as an intern for the Defence, I have remarkably developed my knowledge and skills in International Law. This has come down to being part of a very important and experienced team of Legal Assistants, Case managers and Legal Counsel. Within the first month, I learnt the basics of the case management systems we were using and then moved onto getting to know more about the case since many of the documents and resources about the case and the Defence in particular is confidential. I have been into court and witnessed the court proceedings at the highest of calibres. By being part of a team and working with tight deadlines, my standard of work and organisation has improved significantly. Since the start of my internship at the MICT, the level of responsibility that my Case Manager has ensued onto me with work projects and tasks has increased over time. The team is always lively with many questions and queries about tasks, which is always positive to know that work is not carried out with uncertainty.

A normal week with Trial will start on Tuesday with the Examination-in-Chief of the witness at 9:30 and run to 13:00 the same day. Trial will continue till Thursday at 13:00 where proceedings will then be adjourned till next Tuesday at 9:30. During a normal week, the team will be required to print documents for the Counsel to use in questioning of the witnesses, research of topics such as impeachment or certain incidents carried out in particular places.

I enjoy being part of such a dynamic and fun team which works hard that also knows when to socialise, while being given different tasks which further my knowledge of the case but also of my understanding of International Criminal Law. Furthermore, I enjoy being given tasks which our client has specifically asked for and being part of this Lawyer/Client relationship. The Hague is a fantastic place to be immersed in International Law with multiple Tribunals, Embassies, Courts as well as seminars and lectures.

 

Ben Davis, Leeds Alumnus (Law '19) and Intern at the UN International Residual Mechanism for Criminal Tribunals.