On 30 November 2024, Dov Jacobs, Founder of SILC, attended the Annual Conference of the ADC-ICT (Association of Defence Counsel).
Dov Jacobs participated in a panel with Marie O'Leary, Kate Gibson, Felicity Gerry, Kerrie Ann Rowan and Gyo Suzuki providing a wealth of expertise and experience in international criminal law.
The panelists discussed recent developments in International Criminal Law and fair trial challenges faced in the various trials they have been involved in at the MICT, the ICC and the KSC. Unsuprisingly, the panelists highlighted similar and overlapping areas deserving improvement in all of the institutions.
Dov Jacobs discussed a certain number of challenges in the Kabuga case at the MICT, where he was involved until November 2023, and the Said case at the ICC, where he is currently Co-counsel.
He also raised the more general issue of the lack of transparency in international criminal tribunals (overuse of closed/private sessions, increase in the number of decisions by email which makes them less accessible to other defence teams, etc.) and the difficulties linked to admitting the prior recorder testimony of witnesses, despite the fact that experience shows that witnesses rarely simply confirm such written statements on the stand, when they don't directly contradict them.
The panel as a whole touched upon key issues such as disclosure obligations of the Prosecution, the role of Judges in asking questions directly to witnesses during trial and the lack of anticipation of international criminal tribunals in dealing with provisional release matters.
The panelists concluded with their thoughts on how certain of those matters could be improved and the importance of maintaining a constructive and respectful dialogue with the Prosecution throughout the process, in the best interest of all Parties involved in the proceedings.
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