As a Defence Intern on the Gotovina Et Al

Jelena Madunic

International Criminal Tribunal for the Former Yugoslavia- The Hague

The International Criminal Tribunal for the Former Yugoslavia (ICTY) is a historic legal institution that seeks to bring to justice individuals responsible for genocide, war crimes, and crimes against humanity perpetrated during the wars in the former Yugoslavia.

As a defence intern on the Gotovina et al. case at the ICTY, I had the privilege of being part of this historic institution. One of the most significant and rewarding aspects of this experience was working with other members of the defence team to fight for our client’s due process rights. During the course of my internship, we made a number of important filings, including a Motion to Dismiss the Proposed Joinder Indictment, a Motion Challenging Jurisdiction, and a Request for Provisional Release.

My first few weeks at the Tribunal were spent compiling case maps, indexes, and analysis relating to the jurisprudence of the ICTY and the International Criminal Tribunal for Rwanda (ICTR). My early work required that I quickly learn to adopt to and operate within the foreign legal environment of the Tribunal, which was characterized by a distinct set of procedural rules and a unique jurisprudence.

Having gained a cursory understanding of the significant international criminal cases and treaties relevant to our case, I began to research and collaborate in the drafting of legal memos and pre-trial motions which addressed some of the most challenging and interesting issues in the field of international humanitarian law, including the elements of criminal liability under s. 7 of the Statute of the Tribunal, and the interaction between Hague Law (War Crimes) and Geneva Law (Crimes Against Humanity).

Although the case was in its pre-trial stage, I had the opportunity to attend a number of status conferences and oral hearings before the Tribunal. Watching some of the field’s most talented lawyers and advocates at work, I learned a great deal about litigation strategy, oral advocacy, and courtroom dynamics.

While my work as a defence intern was always intellectually challenging, the most demanding aspect of my work was reading and listening to witness accounts of the alleged abuses that occurred in the former Yugoslavia. I am humbled to have been a small part of an institution which has finally given a voice to the victims of the wars in the Balkan regions, and which has provided these victims with some sense of justice.

However, it is of paramount importance that the Tribunal continue to recognize defendants’ rights as human rights, and to protect these rights even in its pursuit of justice for victims. All indictees are deemed to be innocent until proven guilty, and although many defendants have already been convicted in the court of public opinion, the Tribunal must continue to ensure that these indictees are provided with the resources and the opportunity to plead their case in the court of law.