10 September 2013

Kenya: Biographies of the Judges

Kenya Vice President William Ruto pleaded not guilty to fomenting deadly post-election violence in Kenya five years ago, at the opening Tuesday of his ... ( Resource: Kenyan VP Ruto Pleads Not Guilty at ICC Trial )


The International Criminal Court's biographies of the judges hearing the Ruto/Sang case. Judge Chile Chile Eboe-Osuji of Nigeria is presiding, assisted by judges Olga Herrera Carbuccia of the Dominican Republic and Robert Fremr of the Czech Republic:

Judge Eboe-Osuji (1962) came to the ICC from his post as the Legal Advisor to the UN High Commissioner for Human Rights Dr Navi Pillay (a former Judge of the ICC), with cross-appointment as Principal Appeals Counsel for the Prosecution in the Charles Taylor Case at the Special Court for Sierra Leone (SCSL).

He had previously worked in various other capacities at the SCSL and the International Criminal Tribunal for Rwanda (ICTR): among them, as Senior Prosecution Appeals Counsel at the SCSL in the AFRC Case and the CDF Case, Lead Prosecution Trial Counsel at the ICTR, the Head of Chambers at the ICTR, Senior Legal Officer in Chambers at the ICTR, and Head Legal Officer in the Appeals Chamber of the ICTR.

As the Legal Advisor to the UN High Commissioner for Human Rights, he led the writing of submissions filed on behalf of the High Commissioner in her interventions as amicus curiae before the European Court of Human Rights (in the El Masri Case and the Hirsi Case) and the United States Supreme Court (in the Kiobel Case).

He had also taught international criminal law as adjunct professor at the Faculty of Law of the University of Ottawa, Canada, and has an extensive record of legal scholarship and publications.

He served as legal expert to Nigeria's delegation to the ICC-ASP Special Working Group on the Definition of the Crime of Aggression. He has also practised law as a barrister: appearing in many criminal, civil and constitutional cases before national courts in Nigeria and Canada.

He was called to the Nigerian Bar in 1986, and to the Bars of the Canadian provinces of Ontario and British Columbia in 1993. He served as articled student-at-law to Chief Mike Ahamba SAN and Mr David W Scott QC--of Nigeria and Canada, respectively.

He holds an LLB from the University of Calabar, Nigeria, an LLM from McGill University, Canada, and a PhD in international criminal law from the University of Amsterdam, The Netherlands. Judge Eboe-Osuji is a son of Chief M V Eboe-Osuji and Mrs Clara Nnenze Eboe-Osuji of Añara, Imo, Nigeria. He is married to Shannon Fleming Eboe-Osuji. They have three children.

Judge Herrera Carbuccia (1956) has a Doctorate of Law from the University Autónoma of Santo Domingo. She has over 30 years of experience in the judicial function in the fields of criminal law, criminal proceedings and justice administration as Judge and Public Prosecutor.

As Public Prosecutor she was part of the Peace Courts, as well as Assistant Attorney at the Public Prosecutor's bureau of the National District. She served as a Criminal Judge of First Instance Chamber, subsequently she was designated Judge Member for the Criminal Chamber of the Court of Appeals in Santo Domingo for 11 years, and then in 2003 designated President of the Criminal Chamber of the Court of Appeal in the Province of Santo Domingo.

She has extensive practical experience in the fields of criminal law, human rights protection, perjury to women and children, the prosecution of crimes of a sexual nature, drug crime, money laundering and as well as the elimination of the judicial delay with an emphasis on effective judicial administration to strengthen judicial effectiveness and efficiency.

Judge Herrera Carbuccia has also excelled in the academic area with a long career of teaching. Her academic competence as a teacher of the Faculty of Law and Political Sciences of the National University Pedro Henríquez Ureña led her to take over 9 years (1995-2004) the position of dean of the Faculty. Recognized for her high independence she has also been awarded with several national awards, including the "Women's Medal of Merit" in law and justice aspects granted by the President of the Dominican Republic in 2003.

Judge Fremr (1957), after graduation from the Law School of the Charles University in Prague, started his judicial career in 1983. He gradually came through all instances of the Czech judicial system and in 2004 he had become a Justice of the Supreme Court of the Czech Republic.

In 2006 he joined the International Criminal Tribunal for Rwanda and served there as ad litem judge of the Trial Chamber until 2008 and then again from 2010 to 2012.

He also represented the Czech Republic as a member of several expert committees of the Council of Europe, focused on the fight against organised crime and corruption and the agenda of human rights. Currently he is a member of the Consultative Council of European Judges. He is also an external teacher of Criminal Law at the Charles University in Prague.

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