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Legacies of the International Criminal Tribunal for the Former YugoslaviaA Multidisciplinary Approach$
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Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach

Carsten Stahn, Carmel Agius, Serge Brammertz, and Colleen Rohan

Print publication date: 2020

Print ISBN-13: 9780198862956

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780198862956.001.0001

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Defence Investigative Ethics

Defence Investigative Ethics

Practical Lessons from the ICTY’s Legacy for Counsel Practising in the Region

Chapter:
(p.251) 14 Defence Investigative Ethics
Source:
Legacies of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Michael G. Karnavas

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198862956.003.0015

The investigation of war crimes has proved to be a challenging task for the Defence at the International Criminal Tribunal for the former Yugoslavia (ICTY). At the Court’s infancy, civil trained defence counsel with no experience in adversarial party-driven procedures were unfamiliar with aspects of case preparation and trial advocacy, such as gathering evidence by conducting their own investigation, or cross-examination through leading questions based on a coherent theory of the case. These adversarial modalities also came with specific ethical duties. This chapter offers some practical advice and best practices relevant to Defence Counsel practising in national jurisdictions of the former Yugoslavia region and elsewhere, where adversarial modalities similar to those found in the ICTY procedure have been adopted in reforming their criminal procedures—transitioning them from civil law to a more hybrid system.

Keywords:   ICTY, preparation, investigation, ethical, adversarial modalities, best practice

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