home > SESSION 2 > 02

contribution 02 - STEWART James

français english


ICTR beginnings


transtlated version

Thank you very much. I think I raised the issue of training. I believe that is the issue you would want me to tackle immediately. So I am probably going to discuss my personal experience in the development of the Tribunal from 2004 to 2007 in specific respect to the establishment of appeals teams.

When I came to Arusha I believed it was important to set up training programmes because we had lawyers with various backgrounds; those who had been dealing with human rights; those who had been working in Chambers; those who were academics and other lawyers who were seasoned lawyers in court. So we came up with a training programme for the purpose of building a consistent approach to tackle the challenges. And I think we were very successful with the support of faculty members who came from outside the Tribunal and with our own staff. And so we started the experience in 2005 in The Hague holding a programme of about five days which was based on the National Institute for Trial Advocacy model from the United States of America. It is a very practical programme. We had an exercise on how to present facts in appeals hearings, then how to present law elements, and subsequently you learn how to answer questions put by the Bench. We put all of these skills together to come up with a moot court so as to develop capacities and talent.

And to me, it was important because I wanted to build a team spirit in order to accomplish our task but also to contribute, and this is more significant, to the delivery of credible and sound justice. Also in order to help the Appeals Chamber to perform its duties, because I believe that it is the responsibility of the Prosecutor to do that.

But it was challenging, because we didn’t have the resources. We needed always to come up with extra-budgetary funding. And we also had to rely on external persons to support us. And I should say that, all said and done, we always received extraordinary support from the Prosecutor and as well from the Registrar. I believe that is why we achieved those successes. But what I want to throw out to you as a thought is the following: it is good to bring together people who are talented, who are enthusiastic, who might be experts in international law, or who might be experts in pleading, as it were, but it is important also that those people have a coherent vision of what they have to do and also to understand the challenges and the stakes of the Tribunal where they are operating.

And I believe that ultimately we successfully met that objective. This is the issue I am raising in respect of training. I understand that there are other matters related to training, for instance, investigators.

During trials for crimes against humanity for example, how the investigators have to come up with so as to be able to gather proper evidentiary material? But I’m talking about the domain I was working in at that time, the Appeals Chamber, and about what we did to build our teams.

Unfortunately, we were not able to work with the Defence councels, as the grants were not enough. But that was something that has always been on the top of my mind, you know, working hand and glove with defence lawyers so that we could run a common training programme. That is what obtains in Canada, and I wondered why it wouldn’t obtain in international bodies. Unfortunately, the resources were not there to realize that idea.

Thank you.


On that issue of team training and investigation training, is there anybody willing to say something? Yes, please.