Special Course on International Criminal Law and Security *** November 2016 *** Tagaytay City

Lecturers


The following experts in International Criminal Law and Security will conduct the special course:


Justice Carpio

JUSTICE ANTONIO T. CARPIO

Senior Associate Justice
Supreme Court of the Philippines Chairperson of the Senate Electoral Tribunal

Born in Davao City, Philippines, Justice Antonio T. Carpio was sworn in as member of the Supreme Court on October 26, 2001. Justice Carpio obtained his law degree from the College of Law of the University of the Philippines where he graduated valedictorian and cum laude in 1975. He placed sixth in the 1975 Bar Examinations. He earned his undergraduate degree in Economics from Ateneo de Manila University in 1970.

Justice Carpio was a member of the Board of Regents of the University of the Philippines from 1993 to 1998. He was a member of the Technology Transfer Board of the Department of Industry from 1978 to 1979. He served as Special Representative of the Department of Trade for textile negotiations from 1980 to 1981. He was elected President of the Integrated Bar of the Philippines, Pasay-Makati Chapter (1985-1986), Director of the U.P. Law Alumni Association (1984-1989), and Director of the Philippine Bar Association (1989-1990).

Fresh out of law school, Justice Carpio went into private practice and founded the Carpio Villaraza and Cruz Law firm. He was a Professorial Lecturer of the U.P. College of Law from 1983 until 1992 when he was appointed Chief Presidential Legal Counsel, Office of the President of the Philippines.



PROF. DR. JUDGE FAUSTO POCAR

PROF. DR. JUDGE FAUSTO POCAR

Appeals Chamber
International Criminal Tribunal for Yugoslavia
Former President, ICTY

Judge Fausto Pocar is currently a member of the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for the former Rwanda (ICTR). He served as the President of the ICTY from 2005 to 2008 and was a member of Trial Chamber II. During his tenure, Judge Pocar participated in the adoption of final judgments in several cases, including the decision in Prosecutor v. Kunarac, the first decision of the ICTY on gender-related crimes.

Judge Pocar also participated extensively in the activities of the United Nations as a long-standing member and chairman of the United Nations Human Rights Committee under the International Covenant on Civil and Political Rights. In 1995 and 1996, he served as Special Representative of the UN High Commissioner for Human Rights for visits to Chechnya and the Russian Federation.

Prior to joining the ICTY and the UN, Judge Pocar was a professor of International Law at the University of Milan. He likewise served as the Vice-Rector and member of the Management Board (1984-97) and Director of the Institutes of International Law (1980-84, 1986-87, 1991-94) at the same University.



DATO SHYAMALA ALAGENDRA

DATO SHYAMALA ALAGENDRA

International Defense Counsel
International Criminal Court

Dato’ Shyamala Alagendra graduated from the University of London with an LL.B (Hons) in 1995 at the age of 19 years. She was admitted as an Advocate and Solicitor of Malaya in 1998. In 2001, Shyamala obtained a Masters in Law (LL.M) from the University Malaya. In 2014, Dato’ Shyamala Alagendra joined Temple Garden Chambers in London as an Associate Member.

Since 2001 Shyamala has investigated, prosecuted and defended cases before various International and hybrid tribunals.

Presently, Shyamala acts as Counsel in the Defence Teams of several prominent leaders including H.E. William S. Ruto, Deputy President of the Republic of Kenya (before the International Criminal Court in the Hague), H.E. Dr. Baghdadi Al Mahmoudi, former Prime Minister of Libya in the regime of Muammar Gaddafi (before the Libyan Criminal Courts) and Mr. Fatmir Limaj, Former Minister of Transport of Kosovo and senior member of the Kosovo Liberation Army (before the EULEX Court in Kosovo).

Shyamala is presently part of the team led by Mr. Karim Khan QC representing the Cham and Albanian communities in Albania, in relation to remedies under the ECHR and other international instruments with regards to their expulsion from Greece at the end of World War Two, and the expropriation of property and denial of rights which followed.

Since May 2014, Shyamala is co-counsel representing Al Jadeed Television Corporation in Lebanon which is charged with contempt before the Special Tribunal for Lebanon arising out of investigative reporting the station carried out. This case represents the first time a legal company has been charged before any international court. The Defence successfully contested such jurisdiction which was later overturned on Appeal. In a second, related case, Shyamala also represents Karma Khayat, the Deputy Chairman of Al Jadeed who is charged with contempt of court in her individual capacity. Trial is scheduled to commence on 16 April 2015.

Between April 2011 and March 2013, Shyamala was co-counsel representing Ambassador Francis Muthaura, former Head of Civil Service and Cabinet Secretary to the President of the Republic of Kenya who was charged before the ICC for crimes related to the post-election violence in Kenya. In March 2013, charges against Ambassador Muthaura were dropped following a Defence request for the case to be remitted to the Pre-Trial Chamber for re-consideration.

Since April 2011 Shyamala was co-counsel/Legal Adviser representing Fatmir Limaj before the EULEX (hybrid) court system in Kosovo in relation to charges of war crimes allegedly committed in Kosovo in 1999. Fatmir Limaj was acquitted on all counts of war crimes on 2 April 2012. The Supreme Court of Kosovo ordered a re-trial and Shyamala continued as Counsel in that case as well and Limaj was again acquitted on all charges. The Appeal is pending.

As an international prosecutor for 10 years, Shyamala has prosecuted senior military and rebel commanders, and former and sitting heads of States before various international tribunals. In March 2001, Shyamala was sworn in as an International Prosecutor in the United Nations Special Panel for Serious Crimes in East Timor by the late Sergio De Mello, Special Representative of the Secretary General of the United Nations. She was only 25 years old when she was appointed, making her one of the youngest Prosecutors to serve in the United Nations. In this capacity, between March 2001 to March 2005, Shyamala led the investigations into and prosecuted a number of high profiled cases arising out of the post referendum violence that occurred in the territory between January and December 1999. She conducted several trials before the Special Panel for Serious Crimes and appeared on behalf of the Deputy Prosecutor General for Serious Crimes before the Court of Appeal of East Timor on several appeals.



KARIM A. A. KHAN QC

KARIM A. A. KHAN QC

International Defense Counsel
International Criminal Court

Karim is a member of Temple Garden Chambers, Temple, London and specialises in all areas of Public international law, international criminal and international human rights law where he acts for states and individuals. He has previously worked as a Senior Crown Prosecutor and at the Law Commission of England & Wales. From 1997-2000 he was a Legal Advisor in the Office of the Prosecutor in the United Nations International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). In 2001 Karim was instructed as defence counsel before the Special courts in East Timor. In 2003 he was appointed defence counsel in the ICTY case of Prosecutor v Limaj (acquitted on all counts Nov 2005, Prosecution appeal against acquittal dismissed). In 2004 the Registry of the ICTY also appointed him Independent counsel to the Former Chief of the Bosnia armed forces in the case of Prosecutor v (General) Sefer Halilovic. (Halilovic Appeal to President of ICTY allowed).

Karim has also provided legal advice in the ICJ case of Liberia v Sierra Leone (concerning the arrest warrant against Charles Taylor.) He also acted as defence counsel in the Case of Prosecutor v Alex Brima before the Special Court of Sierra Leone. In 2005 he was offered the post of international legal advisor to the Appeals Chamber of the Iraqi Special Tribunal. (IST). Between April 2006 – June 2007 he was Lead Defence counsel in Prosecutor v Charles Ghankay Taylor (Former President of Liberia) before the SCSL.

He is currently instructed as Lead Defence Counsel to the Deputy President of the Republic of Kenya, H.E. William Ruto, who faces charges before the ICC relating to the post election violence in Kenya in 2007-2008.

Karim also acts as lead Defence counsel to Al Jadeed TV and Ms. Karma Khayat in relation to charges of contempt of court before the Special Tribunal for Lebanon (STL). This case represents the first time that a corporation has been charged before an international criminal or hybrid court.

Karim is also instructed as international counsel representing the former Prime Minister of Libya, Dr. Baghdadi Al-Mahmoudi who is charged before the courts of Libya with various offenses.

Karim also acts as Defence counsel at trial in Prosecutor v Prlic et al (for accused Bruno Stojic) in the ICTY. In May 2008, he was also instructed to represent the Minister of Culture of Kosova (Prosecutor v Haraqija) charged with contempt before the ICTY in relation to allegations of witness intimidation. (Acquitted on all counts on appeal). In November 2008, he was appointed co-lead counsel in one of the first cases before the International Criminal Court, Prosecutor v Jean Pierra Bemba Gombo (Former Vice-President of the Democratic Republic of Congo for crimes allegedly committed in the Central African Republic.) In December 2008, he was appointed lead counsel to Florence Hartmann the Former Le Monde journalist and Former Chief Spokesperson to Carla del Ponte, the Chief Prosecutor of the ICTY and ICTR. Ms Hartmann is the first (and only) staff member of the ICTY or ICTR charged with contempt of court. In 2009, he was instructed as lead counsel to the largest group of civil parties (victims) in the first case before the Extraordinary Courts of the Chambers of Cambodia (Prosecutor v Kaing Geuk Eav, alias Duch). Duch was successfully prosecuted and Karim acted as lead counsel for the victims in the appeal that followed.

Between 2008-10 he was engaged as lead counsel before the ICC representing the Sudanese rebel leader, Bahar Idriss Abu Garda, the first ICC suspect to voluntarily surrender to the jurisdiction of the Court. (After a contested confirmation hearing, no charges were confirmed. Prosecution application for leave to appeal, dismissed.) In March 2010 he was also instructed for two additional Darfuri rebels, Abdulla Banda and Saleh Jerbo, who voluntarily appeared before the court in June 2010. Trial in that case is listed to commence in May 2014. In January 2011, Karim was instructed as lead counsel to represent Ambassador Francis K. Muthaura, Cabinet Secretary and Head of the Public Service of Kenya before the ICC in relation to the post election violence in 2007-2008. After much litigation, all charges were withdrawn by the Prosecution on the eve of Trial in March 2013. This was the first time the Prosecutor of the ICC has withdrawn charges in a case confirmed. Between 2010 and 2012, Karim was also appointed lead counsel to Fatmir Limaj in relation to charges of war crimes allegedly committed in Kosovo in 1999 before the EULEX (hybrid) court system in a trial comprising UK, American and Kosovan judges. At the end of this trial, Fatmir Limaj was acquitted on all counts of war crimes on 2 April 2012. The Supreme Court of Kosovo ordered a re-trial and Karim acted as lead counsel in that case as well which ended in a full acquittal on all charges.

Karim also leads a team, instructed by the Cham and Albanian communities in Albania, in relation to remedies under the ECHR and other international instruments with regards to their expulsion from Greece at the end of World War Two, and the expropriation of property and denial of rights which followed.

Karim has lectured and taught extensively throughout the world including at the University of Tsinghua, China; University of Florence, Italy; University of Sarajevo, University of Utrecht; Northwestern law school, Chicago, USA; TMC Asser Institute, Den Haag, Netherlands; King’s College, University of London; Oxford University; Sandhurst Military Academy, UK; the Advanced Officers Course of the Joint Service Command and Staff College, Watchfield, UK (2001-2010), National Police Training centre, Bramshill and in Phnom Penh, Cambodia (workshop for the Judges of the ECCC) and Beirut, Lebanon (Bar Council of England & Wales – Beirut Bar Association), Advanced Tertiary College, Kuala Lumpur, Malaysia as well at numerous international events including the Bar Leaders conference of the International Bar Association (2012) and the IBA’s ten year ICC anniversary events at the Peace Palace, the Hague and Arusha, Tanzania; the ICTR 20th Anniversary Conference in Arusha (2014); the IBA’s Annual conference in Tokyo (2014) and the IBA’s annual international criminal law conference, the Hague (2015).



PROF. DR. DAVID COHEN

PROF. DR. DAVID COHEN

Director
WSD Handa Center for Human Rights and International Justice Stanford University

Professor David Cohen is the Director of the WSD Handa Center for Human Rights and International Justice at Stanford University, Director of the Asian International Justice Initiative at the East-West Center in Honolulu, and Co-Director at the ASEAN Law and Integration Center at the University of Hawaii, William S. Richardson School of Law. He is likewise a Professor of Law at the University of Hawaii, a Visiting Professor and Fellow at Stanford University, a Senior Fellow in the East-West Center, and a Professor in the Graduate School at UC Berkeley.

He co-directed the Documentation Center for War Crimes Trials at the Max Planck Institute for European Legal History in Frankfurt. A follow-on Center was created at the University of Marburg, and later on at UC Berkeley. Through these Centers, Professor Cohen published monographs on contemporary war crime tribunals, culminating in his appointment as Expert Advisor to the Commission on Truth and Friendship established by the Presidents of Timor Leste and Indonesia. His expertise made him a valuable asset for human rights training of the judiciary in Indonesia and Cambodia.


PROF. JAY BATONGBACAL

PROF. JAY BATONGBACAL

Director
UP Institute for Maritime Affairs & Law of the Sea

Professor Batongbacal is a graduate of the UP College of Law, and currently teaches courses on Property, Obligations & Contracts, and Law of the Sea and Natural Resources at the same University. He holds a Masters degree in Marine Management and a Doctorate in the Science of Law, both from Dalhousie University in Canada, where he has received scholarship grants from the Canadian International Development Agency and the Pierre Elliot Trudeau Foundation, respectively.

He has contributed marine policy research in many areas, including marine territorial and jurisdictional issues, international maritime boundary negotiations, high seas fisheries, seafaring, shipping, marine environmental protection, coastal resource management, maritime security, and archipelagic studies.

Professor Batongbacal also served as legal adviser of the technical team that prepared and defended the claim of the Philippines to a continental shelf in the Benham Rise Region. Philippine jurisdiction over the area was recognized by the Commission on the Limits of the Continental Shelf in April 2012.


ATTY. KATHERINE VESSELS

ATTY. KATHERINE VESSELS

William S. Richardson School of Law

Atty. Katherine Vessels obtained her Bachelor of Arts, majoring in chemistry, from Xavier University, Cincinnati, OH. She earned her Juris Doctor with a focus in international law from the University of Hawaii, William S. Richardson School of Law. She was admitted to the Hawaii State Bar in November 2016.

Before joining the legal profession, she served as a Transportation Officer in the U.S. Army, a captain on numerous private vessels in Hawaii, and as a research assistant at the Handa and ASEAN Law and Integration Centers. She specializes in maritime security law.


ATTY. JENELINE NICOLAS

ATTY. JENELINE NICOLAS

Desierto & Desierto Law Office

Atty. Jeneline Nicolas obtained her undergraduate (Bachelor of Arts, major in Political Science, cum laude) and Juris Doctor degrees from the University of the Philippines–Diliman, and was admitted to the Philippine Bar in May 2010. In 2014, she was awarded a scholarship by the Asian Development Bank–Government of Japan and was a fellow at the East-West Center in Honolulu, Hawaii.

She holds a Master of Laws degree (with specializations in International and Comparative Law and Conflict Resolution) from the William S. Richardson School of Law of the University of Hawaii at Manoa.

Before joining the firm, she was a Junior Associate at Picazo Buyco Tan Fider & Santos and a Court Attorney at the Sandiganbayan. She specializes in corporate law, criminal law, and international arbitration.


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