Reflections on the International Bar Association Annual Conference

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.