2007 Castan Centre Intern

Megan Barnett, International Tribunal for the Former Yugoslavia (January - July 2007)

Background

The ICTY was the first truly international criminal tribunal, established by United Nations Council Resolutions 808 and 827 in 1993, for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991.

The ICTY is primarily comprised of three independent organs; Chamber, the Office of the Prosecutor ("OTP") and the Registry.  The internship through Monash's Castan Centre for Human Right Law landed me in Chambers, although anyone can apply directly to the ICTY for an internship in any of the organs (Registry internships can be non-legal) through the ICTY website (www.un.org/icty).  There are also internships available working with the Defence, thought these are frequently arranged through US university and/or personal contacts.  My report is thus based on my experience as a Chambers intern.

I was assigned to work on the case of Milutinovi? et al (Case No. IT-05-87) which involves the prosecution of six of Serbia's highest ranking political and military leaders (on the rung of the ladder immediately below Federal Republic of Yugoslavia President Slobodan Miloševi?) for various crimes against humanity and violations of the laws or customs of war, including deportation, forcible transfer, persecutions on political, racial or religious grounds and murder that allegedly occurred in various municipalities throughout Kosovo from 1998 up to the NATO air campaign in 1999.  Their alleged individual criminal responsibility includes, inter alia, participation in a joint criminal enterprise.

My role

The work I got to do far exceeded my expectations.  Under the excellent management of the Legal Officers of the team I was involved in, interns are recognised as, and feel, an inherent and significant part of the legal staff of the Chamber.  When my internship commenced the prosecution was presenting their case, and I was in court around once a fortnight, summarising witness testimony, checking exhibits had been appropriately admitted through the witness and attending Judges deliberations in which the credibility of the witness is discussed, for the purpose of assisting future judgement section drafting.   I was also very involved in the motion practice of the trial, especially that which had to do with the admission of documentary evidence, and drafted a large number of orders and decisions in relation to this area, which I am now proud to say will forever be on the judicial database and part of international criminal jurisprudence.  When the prosecution case closed, I was involved in drafting a section of the 98bis decision, which is a decision handed down by the Bench in response motion for the acquittal of the accused, essentially alleging their client has no case to answer.  I was also honoured to be given the opportunity to work on a draft section of the judgement, on the basis of my analysis of scores of both documentary and direct witness evidence.  I was frequently assigned research assignments on areas of and issues in law, and could be instructed either directly from the four Judges I essentially served, or the five Associate Legal Officers or two Legal Officers I worked with. 

Reflections

Working at the ICTY was the most professionally satisfying experience I have ever had the pleasure of undertaking, and I would do it all again if I could.  The work was challenging and demanded long hours (which could frequently run into weekends), and it could often be very emotionally draining, given the sensitivity of issues witness would testify about, and the horrific evidence one has to read and analyse as part of an international war crimes trial.  But each day brought something new in the forever evolving realm of international law, and you really felt like you were contributing to an incredibly important process towards reconciliation in the Balkans, and international justice generally.

Socially, the ICTY is a wonderful place to work.  With employees from over 82 different countries around the world each, day you would meet another inspiring person from another part of the world, already armed with a fascinating and diverse background of experiences.  The judges of the Chamber I worked for were particularly hospitable and as a team, we often had traditional dinner parties and other social occasions where we would learn more about one another's countries. 

The internship offered through the Castan Centre is for 3 months, with the option to extend for 6.  If I could leave you with one piece of advice, take the 6 month option.  You will want the amazing experience which is an internship at the ICTY to last as long as possible.

Profile

Passionate about international development, Megan has travelled to Africa several times in recent years to volunteer with grass roots community based organisations.  She spent the first half of 2004 in Kwa Zulu Natal, South Africa, the region hardest hit by the HIV/AIDS pandemic in all of  Sub Saharan Africa.  There, Megan lived in a cluster foster home with 92 Zulu children and in conjunction with the Oaktree Foundation also worked with World Changers Academy; an organisation which aims to empower young leaders and their communities through life skills and leadership training.

In Australia, Megan has also volunteered with the Australian Red Cross working with the community on the Tiwi Islands, Northern Territory.  She has volunteered with the Victorian Aboriginal Legal Service and for many years has been involved with various development and advocacy organisations which are committed to engage and respond to in issues of global poverty and injustice.

Megan has completed a double major in Australian Indigenous Studies and Politics in her arts degree and will complete her law degree in Semester 2, 2007.  She loves travel and food, and looks forward to completing her honours research thesis which will include her experiences working with the UN in the ICTY.

International Tribunal for the Former Yugoslavia

Weblog: http://meganicty.blogspot.com