The International Bar Association’s Annual Conference brought
together leading attorneys and pioneers in international law, human rights,
criminal law, international humanitarian law, sanctions, the rule of law and
transitional justice to give updates on their fields, explore emerging ethnical
issues and discuss innovations in justice and accountability.
 |
| Karim Khan addresses
the creation of an international tribunal for the crime of aggression |
ICC Prosecutor Karim Khan joined the Annual Conference
as a keynote speaker. In a session chaired by IBA Executive Director Mark
Ellis, Mr. Khan addressed the proposal of establishing a tribunal with a
mandate to investigate and prosecute the leadership of Russia for the crime of
aggression. He argued that such a tribunal could lead to the fragmentation of
the international criminal justice system, while also raising questions as to
why such a tribunal would be set up to try Russia but not other states for the
crime of aggression. He argued that the existing international legal framework
embodied in the Rome Statute of the International Criminal Court was
sufficiently vigorous to hold the leaders of Russia accountable for
international crimes. He also discussed the need to ensure an impartial
investigation of both sides of the ongoing conflict in Gaza.
 |
My panel on corporate liability for
international crimes |
I spoke on two panels. The first, hosted by the Human Rights Law
Committee and Criminal Law Committee and chaired
by Melinda Taylor, an attorney practicing before the
International Criminal Court, examined efforts to establish a hybrid African
tribunal with jurisdiction to try both international crimes and human rights
violations. The panel explored the Protocol on
Amendments to the Protocol on the Statute of the African Court of Justice and
Human Rights (the Malabo Protocol), which was adopted by the African Union in
2014 to include international criminal jurisdiction within the remit of the
proposed African Court of Justice and Human Rights. I
addressed the Malabo Protocol from a comparative legal perspective, examining
the human rights mechanisms available in the Middle East region through
the Arab Charter on Human Rights and the proposed Arab Court
of Human Rights.
The second panel, hosted by the Business Crime Committee and
the Rule of Law Forum and chaired by Sonya Maeder
Morvant and Jonathan Mattout, addressed corporate
liability for war crimes. I discussed the shift in recent years from
prosecutions at international tribunals to the use of national proceedings at
domestic courts to seek accountability for international crimes. I also
addressed the role of civil society organizations in holding corporate actors
liable for complicity in international crimes. The panel and audience debated
whether corporations should be held criminally liable for the acts of their
officers and directors. Raphael Pangalangan, who joined the
audience from the UN Office of the High Commissioner for Human Rights,
suggested that administrative actions such as fines may be better suited for
holding corporations accountable.
 |
| The choir of the Budapest Bar
Association performs a premium concert |
Multiple bar associations hosted events throughout the week. The Choir
of the Budapest Bar Association threw a Concert performed
by Law Singers at the Conseil National des Barreaux.
The choir performed an eclectic mix of classical and popular songs in English,
French and Italian, among other languages. The Ukrainian Bar
Association hosted a breakfast on 1 November that explored measures
aimed at restoring the rule of law in Ukraine. The participants included Anton
Korynevych, Ambassador-at-large at the Ministry of Foreign Affairs of
Ukraine; Markiyan Kliuchkovskyi, Executive Director of the
International Register of Damage Caused by the Aggression of the Russian
Federation against Ukraine; Jean-Marc Thouvenin, academic advisor,
Secretary General of the Hague Academy of International Law; and Svitlana
Romanova, Chief Legal Officer of Metinvest Group. Participants discussed
the development of international legal mechanisms to compensate for damage caused to Ukraine following Russia’s 2022 invasion.
 |
| Homer Moyer launches the Rule of Law Forum with an opening address exploring the rule of law as a pillar of democracy |
As always, the highlight of the Conference was the Rule of Law
Forum, held on Friday, 3 November. Homer Moyer, Senior Counsel
of Miller & Chevalier and Founder of the American Bar Association’s Central
and East European Law Initiative (CEELI), launched the forum, reflecting on the
meaning of the rule of law and its importance as a pillar of democracy. He described
rule of law societies as those in which all persons were subject to the law,
which circumscribed the powers of a limited government. He contrasted rule of
law societies with tyrannies that flout the rule of law, resulting in
infringements of basic rights and the eradication of fundamental
freedoms.
A topic that emerged throughout the Conference was economic sanctions.
Panelists wrestled with how lawfare could be waged to punish states that
violate the basic rules of the international order. On 3 November, the Rule of
Law Symposium held a session chaired by Steven Kay KC of 9BR
Chambers on the question of whether the rule of law applies to sanctions.
Discussants addressed the perceived sense of unfairness amongst many of the
individuals on whom targeted sanctions have been imposed. They observed how governments
are granted wide powers to impose sanctions, sometimes on the basis of
contested information and with low burdens of proof. The consequences of
sanctions can be drastic, yet designated persons are not given an opportunity
to be heard before sanctions are imposed.
 |
| At the Curtis, Mallet-Prevost, Colt & Mosle LLP reception |
Among the highlights of the Annual Conference were the law firm
receptions. Curtis Mallet-Prevost, Colt & Mosle LLP hosted
a cocktail that brought together the international human rights and
humanitarian law community at its historic Paris office adjacent to Parc
Monceau. LPA-CGR Avocats hosted a reception at an
immaculate hall modelled after the Palais de Versailles. The International
Bar Association threw a Host Reception at the magnificent Tribunal
de Commerce. The International Bar Association Annual Conference
and socials strengthened existing friendships and forged new ones.
.JPG)
.JPG)
.JPG)
.JPG)
.JPG)
.JPG)
.JPG)
.JPG)
.jpg)
.JPG)
.JPG)
.jpg)
