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Draft Questionnaire for candidates to the 2020 ICC Judicial Election Civil society^1 plays an important role in monitoring the election of International Criminal Court (ICC) officials. We promote fair, merit-based and transparent elections. Please answer the questions below. Name: Victor Tsilonis Nationality: Greek Nominating State: Greece Legal Background (List A or List B): List A Gender: Male Date: 28 /09/ BACKGROUND
1. What motivates you to seek election as a judge of the International Criminal Court (ICC)? As an ICC judge, I shall have the opportunity to confer justice and dedicate myself to the combat against international crimes. The most profound reason to seek this election is that I feel responsible to take all necessary actions for the protection of the vulnerable members of our global society and become an inseparable part of humanity’s response towards the most heinous crimes, which flagrantly violate the core of human being. Towards this direction, I will demonstrate consistently integrity, tact, understanding, compassion, humility and open-mindedness. (^1) This questionnaire is endorsed by the following organizations: African Center for Democracy and Human Rights Studies, UNA Sweden, Alhaq, ALTSEAN-Burma, Amnesty International, Asian Legal Resource Centre, The Australian Centre for International Justice, Congo Peace Initiative, The Colombian Commission of Jurists, FIDH, Georgian Coalition for the International Criminal Court, Human Rights Watch, Justice International, Nigerian Coalition for the ICC, No Peace Without Justice, Open Society Justice Initiative, Parliamentarians for Global Action, REDRESS, Reporters sans frontiers, StoptheDrugWar.org, The Swedish Foundation for Human Rights, World Citizen Foundation, Women’s Initiatives for Gender Justice, World Federalist Movement/Institute for Global Policy, and the World Renewers Organization. This questionnaire was developed with the assistance of the Coalition for the International Criminal Court Secretariat.
Moreover, while being aware of the seriousness and complexity of the ICC judge’s work, I would like to add value to the ICC by firmly applying the judicial oath: “I solemnly undertake that I will perform my duties and exercise my powers as a judge of the International Criminal Court honourably, faithfully, impartially and conscientiously, and that I will respect the confidentiality of investigations and prosecutions and the secrecy of deliberations”. Being an old believer in the ICC’s values and work, I would like wholeheartedly to put my knowledge, experience and personality to its use, service, and legacy. To be more specific, in relation to my knowledge and experience: As founder, chief executive officer and principal legal counsel of the niche Greek law firm Newlaw, I have a 16-year track record of excellence in handling criminal cases. During my career, I have honed my legal, administrative and public speaking skills to the level required by an ICC judge. Further, I am actively involved in the ICC’s fora and thus familiar with the criminal proceedings of the Court. As a member of the ICC Disciplinary Board (2018-2022), I have tried a number of disciplinary cases. In 2019, I was elected Joint Vice President for Victims and Chairman of the Professional Standards Advisory Committee of the International Criminal Court Bar Association (ICCBA), the only Bar Association formally recognised by the Assembly of States Parties. As a recognized expert in international law, I was selected to join the OSCE Consultancy Roster of Legal Experts in 2018 and the Roster of Experts of the International Nuremberg Principles Academy in 2017, and have been accepted as a member of the International Law Association and the European Society of International Law. I have taught postgraduates International Criminal Justice (2018–
- at the Law School of the Democritus University of Thrace (Greece), participated in nine conferences and been invited to deliver several university speeches. Fourteen of my publications (12 papers and 2 books) cover the fields of
of the court's bench were sworn in. Since then, the ICC has made significant progress, which was vividly depicted by the keynote speech for the 20th Anniversary of the Rome Statute of the second ICC President, Judge Sang-Hyun Song under the title “Past Achievements and Future Challenges of the ICC” on 17th^ July 2018. I also believe the biggest achievement of the ICC and the Rome Statute is the creation of a permanent, sound, legal body that responds to international crime and works toward a more just, safe and humane world. The ICC's establishment sends a strong signal to current and would-be perpetrators that impunity for the worst crimes will not be tolerated any more. Simultaneously, the world knows that severe criminals must and can be held accountable – firstly by national courts, and if failing that, by the ICC. Moreover, it is of great importance that the ICC has chosen and achieved to place a sound emphasis on victims’ protection, including women and children. In this direction, it has established a procedural fairness and it has also developed an outreach program linked to the countries where the Court has active cases, in order to inform the victims about their rights and assist them. Furthermore, I would like to highlight the unique and complex nature of the ICC that generates opportunities and challenges at the same time as not only it is established by its States Parties, but also it can only function in cooperation with them. The ICC will investigate, prosecute, and try crime suspects, but States must assist the ICC for arrest warrants to be implemented, evidence to be provided, witnesses to be protected, and sentences to be enforced. Noteworthy, this cooperation goes beyond the above practical issues to the political support required. In that area, work has been done to face challenges in relation to the State Parties cooperation and most importantly to deal with the complexities often emerged due to choices of the world powerful countries. However, allow me to highlight that although the ICC operates in a political world, it must, and it always stays politically neutral and judicially independent. World justice requires the rule of law. In addition to the above, a few words about the criticism that the ICC has received based on its decisions. One of the decisions that has had an important positive
impact in relation to the Court’s perception vis-à-vis the States Parties and the public was The Prosecutor v. Ahmad Al Faqi Al Mahdi decision of Trial Chamber VIII of the International Criminal Court (ICC) in 27 September 2016. In this case, the Chamber unanimously found Mr Al Mahdi guilty beyond reasonable doubt as a co- perpetrator of the war crime of intentionally directing attacks against religious and historic buildings in Timbuktu, Mali in June and July 2012. On 22 August 2016, at the opening of the trial, Mr Al Mahdi pleaded guilty to the war crime consisting in attacking ten historic and religious monuments in Timbuktu (Mali) in June and July
- This was the first time an accused before the ICC admitted ab initio his/her guilt. The expeditious outcome of this case as well as the message to the international community that the Court is a principal protector of humanity’s cultural heritage and fully respects victims’ right to reparation to the best of the Trust Fund’s resources (around €2,7 million for individual and collective reparations awards, with clear priority given to individual awards; in May 2018, the TFV Board allocated €1,350, and undertook fundraising efforts to secure the remainder) was heralded by the international press and media as clear evidence of the Court’s strong will to promote justice, shield human civilization and care for victims. On the other hand, one of the decisions which was prima facie viewed as having a negative impact in relation to its perception vis-à-vis the States Parties and the public was the Bemba Appeals Chamber decision. Leila N. Sadat eloquently summarized the main criticisms of the Appeals Chamber decision in Bemba in June 2018 on the eminent blog EJIl:Talk under the title “Fiddling While Rome Burns? The Appeals Chamber’s Curious Decision in Prosecutor v. Jean-Pierre Bemba Gombo”. The critique was mainly focused on the prolonged judicial process, the Prosecutor’s alleged deficiencies, the considerable allocation of fiscal and human resources on the said case and the overturn of the unanimous Trial Chamber’s decision by a divided Appeals Chamber (3-2), which eventually led to the exoneration of the accused. However, one should not overlook that at the same time the Court proved undeniably that the conferment of justice and not the mere conviction of an accused is its principal and legitimate aim.
and prosecutorial independence and crucial work to address grave crimes of concern to the international community ”.^3 However, as it is well said: “Now that the international criminal justice project genie is out of the bottle, it cannot easily be put back in. For the foreseeable future, the ICC will sometimes struggle and sometimes even fail. But it will not go away and it will not become irrelevant. In the end, it will persist and succeed because of what it stands for ” (Alex Whiting 2015). LEGAL SYSTEM
4. The Rome Statute seeks judges representing all of the world’s major legal systems. a) Which legal system is your country part of? Greece is a civil law country. Therefore, for the purposes of Article 36, paragraph 8(a)(i) to (iii) of the Rome Statute, I represent the civil law system and the Western Europe and Other Regional Group, although I have also substantive knowledge of the common law system and international legal frameworks (ICC, ICTY). b) Please describe any knowledge or experience you have working in or with other legal systems. I am well cognizant of the common law system because of my three-year undergraduate and postgraduate legal studies in the United Kingdom (University of Nottingham and Birmingham City University), which also included criminal and civil practical courses (clinic courses). Moreover, I am well aware of international criminal law frameworks (ICC, ICTY), because of my current pro bono position at the ICC as alternate member of the ICC Disciplinary Board and my six-month internship as junior legal counsel at the ICTY Office of the Prosecutor (Milosevic case). The aforementioned practical experiences are ideally coupled with my theoretical knowledge of international criminal law which was obtained during my (^3) https://www.aljazeera.com/news/2020/9/3/international-criminal-court-condemns-us-sanctions-on- officials
LLM degree at the University of Nottingham and my PhD on the prerequisites of the jurisdiction of the International Criminal Court. LANGUAGE ABILITIES
5. The Rome Statute requires every candidate to have excellent knowledge of and be fluent in English or French. a) What is your native language? My native language is Greek. b) What is your knowledge and fluency in English? If it is not your native language, please give an example of your experience working in English. I am fluent in English (almost mother-tongue level) and able to speak fluently in public hearings and meetings. I started learning English when I was four and a half years old and have studied in the United Kingdom both as an undergraduate and postgraduate student. As an academic I have participated in more than 10 conferences which required my paper to be presented in English. Academic writing in English has been part of my professional life for many years now, culminating to the publication of my recent book entitled: The Jurisdiction of the International Criminal Court (Springer, 2019). This book constitutes the product of over 10 years of research on the International Criminal Court. Finally, yet importantly I can and have already as a member of the ICC Disciplinary Board written my own decisions in English. c) What is your knowledge and fluency in French? If it is not your native language, please give an example of your experience working in French? I have studied French for six years during high-school and one additional year during my bachelor degree. Although I cannot speak fluently, I can read and write French and have prepared unofficial French translations of draft decisions for other
necessary precautions and into proper account the principle of proportionality before launching an attack). Nowadays, due to the more and more increasingly deadly power of modern weapons and immoral war tactics, the urban warfare has caused unimaginable horror and tragedy with millions of direct or indirect victims. Understandably, this trend has a catastrophic impact on the civilian population and poses serious legal and operational challenges that need to be thoughtfully addressed to ensure that citizens, sensitive human groups, vital civilian infrastructure and monuments of our human heritage are duly protected. Hence, the research initially will focus on: 1) the conduct of sieges 2) the tactics of urban warfare 3) the resort to air strikes on urban areas (city of Yarmouk) 4) military operations against highly populated urban areas (Operations Cast Lead and Protective Edge) 5) shelling and sniping incidents (Sarajevo’s siege) 6) naval blockade and the disruption of the food, water and medical supply chains (Yemen, Gaza) 7) the use of explosives in civilian areas. 8) the threats to cities’ cultural heritage. Eventually, the aims of the research will be to: 1) clarify existing legal ambiguities 2) explore ways via which the respect for IHL could be reinforced 3) provide recommendations for the enhancement of people’s protection. Secondly, as far as international human rights are concerned, I have inevitably a great personal interest about them because they rest well within the core of international criminal justice and ICC’s critical mission. My above interest is depicted via my active involvement as a counsel in high-profile criminal and civil law cases ranging from the potential murder of a police officer by fellow officers (Kalyva application before the European Court of Human Rights) to tens of applications regarding people’s petition to have their financial debts written-off for reasons related to human dignity.
Moreover, I have written various papers and articles including: 1) the ordeal of Greek citizens of Muslim religion, who were arrested, detained and finally acquitted but without ever getting their confiscated vehicle back [“Les Misérables of Thessaloniki in 2011: A Practical Case Study of Human Rights and Human Abuse” in M. Zirk- Sadowski, B. Wojciechowski and K. M. Cern (eds.), Towards Recognition of Minority Groups , (London: Ashgate, 2014). 2) the rights that indigenous people accused of felonies should have pursuant to the international human rights instruments "The Compulsorily Assigned Counsel and the Right to Adjourn or Postpone the Trial", (2008) (8) Poinika Chronika , pp. 758-763. 3) “ The Move to Restrict the Death Penalty in International Human Rights Law and Resistance in the American Continent ”, (University of Nottingham Human Rights Law Review, Students’ Supplement), 2002-2003, pp. 45-55. b) For List B candidates:
- How would you describe your competence in criminal law and procedure?
- How would you describe your experience in criminal proceedings? OTHER EXPERTISE AND EXPERIENCE The ICC is a unique institution, as such ICC judges face a number of unique challenges (including managing a regime of victims’ participation and witness protection in complex situations, including of ongoing conflict). Even judges with significant prior experience managing complex criminal trials may not necessarily possess requisite skills and knowledge needed to manage these challenges. 7. Is there any area of expertise, knowledge or skillset which you would like to enhance through workplace trainings? I would like to improve my French language skills because in that way I will be able to have the clearest possible perception of victims’ situation and needs.
attention on sexual assault charges, similar to ones that previously had been dropped by the Court (Lubanga and Katanga cases). On top of this misconception regarding the severity and harshness of SGBCs, my experience, also, taught me that gender-based crimes should not improperly conceived merely as women-based violence but as a rather symmetric term. Modern societies are changing dramatically, believes are reshaped and men can equally sometimes find themselves in the firing line. Given, also, the lack of attention paid on male victimization I do believe that the International criminal community should combat both male and female victimization and maltreatment due to their socially constructed roles. Being always an absolute proponent of the highest quality of support and subtle handling of SGBCs victims, throughout my professional career I tried to maintain a consistent, respectful and of due caution approach to relevant cases. During my 16- year experience as a legal counsel, I tried cases involving serious sexual offences and abuse of minors and have gained expertise in the handling of vulnerable witnesses, particularly those who are children or juveniles, especially within the special domestic violence Greek legal framework; moreover I have interviewed victims and witnesses in two rape cases. Additionally, in 2019 in a genuine willingness and effort to cultivate my personal skills concerning SGBCs victims, I successfully attended and participated in the five-day workshop for Counsels included in the ICC List of Counsel “Combating Sexual Harassment at Workplace and Legal Ethics” (The Hague, 3-7 June 2019), which took place at the premises of the International Criminal Court. Finally, my expertise and competence is also verified by the fact that in 2019 I was elected as a joint Vice President for Victims of the International Criminal Court Bar Association. During my term I participated inter alia in the Cluster 2 discussions of the Independent Expert Review on the ICC and suggested along with my learned ICCBA colleagues reform proposals relating to the function of the Victims Protection Unit, the Office for Public Counsel for Victims, the victim’s representation, the amici curiae submissions, the
application of Art. 71 ICCRSt, and issues linked to pre-trial detention and provisional release. EXPERIENCE AND PERSPECTIVE RELATED TO CRIMES AGAINST CHILDREN
11. Please describe any experience you may have in addressing crimes against and affecting children and related issues, including dealing with child witnesses. Since my very first professional steps, I realized that children belong to the riskiest category of victims and witnesses since they are extremely vulnerable to secondary victimization. It should be taken for granted that the attention of legal counsels and judges should always be doubled or tripled when the criminal proceedings include minors. Any form of mistrust, disbelief and abruptness can turn out to be highly traumatizing even more than the initial incident, and this is something that guided my whole professional career thus far by keeping this as an inviolable rule. Children should, more than anyone else, not be left exposed to any judicial sharpness, while we, as counsels, since the very initial interviews, must create bonds of trust, familiarity and intimacy that will protect children throughout the often long-lasting judicial procedure. As I already stated, within the Greek Family Law framework and especially the special criminal law 3500/2006 governing the domestic violence incidents, I have frequently come across crimes which seriously affect children (because they have happened by those who should love them more than anyone else) and which place unavoidably children in the scene of a crime either as victim or witness. The examination of the child(ren) takes place initially at the law firm offices at an hour that no other persons than the legal counsel(s) involved in the case will be present for reasons of confidentiality and in order the child to feel as comfortable as possible. It has been always my ultimate goal to secure the safest environment for them and avoid any formality that would only increase the distance and would cause hesitation and fear. The child(ren) are always accompanied by one of his/her parents (in 99% of the cases his/her mother), again in an effort to increase the smoothness of the procedure, while the assistance of a child psychologist is, also, sought when the
became a priority. By now, I do acknowledge the great importance of the human element that the presence of victims and witnesses add to the bureaucratic trail of the trial. One cannot overlook the vast amount of criminal cases which the final court outcome is critically founded upon the victims and witnesses’ testimonies, in light of the absence of any other tangible evidence. Therefore, from my perspective victims and witnesses constitute an “irreplaceable critical factor” for the conferment of justice. Hence, it is indispensable to guarantee that their voices are respectfully heard, their needs are appropriately met, and their stories are not trivialized either directly or indirectly by the judicial mechanisms. Consequently, an environment free of fear, apprehension, and hesitation to testify must be secured since the very initial stages of the criminal procedure. Moreover, it is of paramount importance that victims are represented by excellent legal representatives who are specialized and capable of building bonds of trust and rapport with them. Given the sensitivity and the highly traumatizing nature of their past experiences, in this way all the necessary information can be elicited subtly via the avoidance of any secondary victimization due to improper handling of the case. In practice, I have known that victims and witnesses should always feel that themselves and their families are safe, that no personal details will ever be disclosed without their consent and that they are efficiently represented during all criminal proceedings. Finally yet importantly, along with the establishment of a safe and protected judicial environment, it is crucial that victims and witnesses will not be simply abandoned after the completion of the legal proceedings, but they will rather continue receiving support. EXPERIENCE RELATED TO FAIR TRIAL CONSIDERATIONS AND THE RIGHTS OF THE ACCUSED
14. Please describe any relevant experience implementing/advocating for the rights of the accused, including any specific experience managing fair trial considerations in criminal proceedings.
Although undoubtedly victims hold a major role in the criminal proceedings and their needs must be appropriately met, one should never forget the core criminal principle in dubio pro reo. Therefore, it is essential to ensure that the accused rights are equally respected, and he/she is not deprived of any of the democratic requirements of a fair trial. This consideration necessarily requires a very solid personality, who can see beyond the moral facets of a case. In the past I have done one-month trial monitoring on red- handed crime and an additional one-month trial monitoring on misdemeanour and felony cases of accused people who were below the poverty line. Pursuant to the existing Greek legislation these people had the right to be represented by a counsel assigned to them by the State free of charge but: 1) the law practically applied only to felonies and not to 48 misdemeanours 2) the compulsorily assigned counsel would usually get in his/her hand the file of the case during the same court session and would ‘prepare’ to represent the client accused of felony charges within 30 minutes - a couple of hours maximum. Undoubtedly, this meant that poor people did not have a fair trial and that practically justice could not be properly conferred. My groundbreaking paper on the rights that low-income people accused of felonies should have pursuant to the international human rights instruments was published under the title "The Compulsorily Assigned Counsel and the Right to Adjourn or Postpone the Trial", (2008) (8) Poinika Chronika , pp. 758- 763 in the most prominent Greek criminal law journal; and its publication led, along with concerned actions at the Courts of Thessaloniki by counsels who began requesting a minimum 48-hour adjournment or a longer postponement of the trial to the amendment of the legal practices in order the legal counsels to be informed fully of the case file well before the trial. This entire effort persuaded me even more about the importance to always fight for a fair trial and to subtly balance the rights of the victim and the accused.
4) Article 6 para. 1 (entitlement to a fair and public hearing): Despite my constant legal petitions and submissions the file remains closed and the case was never heard before a Court. 5) Article 8 (respect for private and family life) 6) Article 13 (effective remedy before a national authority for human right violations) IMPLEMENTATION OF THE ROME STATUTE AND INTERNATIONAL CRIMINAL LAW
17. During the course of your judicial activity, if any, have you ever applied the provisions of the Rome Statute directly or through the equivalent national legislation that incorporates Rome Statute offences and procedure? Have you ever referred to or applied jurisprudence of the ICC, ad hoc, or special tribunals? If yes, please describe the context in which you did. Yes, as an alternate member of the ICC Disciplinary Board, I have applied frequently provisions of the Rome Statute, referred to and applied jurisprudence of the ICC, including in the decisions of Disciplinary Complaint against Mr Goran Sluiter, Decision of the Disciplinary Board in the Case of Mr Goran Sluiter and Decision of the Disciplinary Board in the Case of Mr Jean Logo Dhengachu.^4 EXPERIENCE AND PERSPECTIVE RELATED TO GENDER MAINSTREAMING 18. Could you share examples of when you applied a gender perspective in the course of your professional career? In my law firm Newlaw, we are sensitive in applying gender perspectives whenever it is prudent, meaningful and necessary, especially regarding the core principles of equal treatment , equal access to and utilisation of services, respect of diversity and the use of gender-sensitive language. Hence, over the years we have applied (^4) https://www.icc-cpi.int/get-involved/Pages/Disciplinary-board.aspx
increasingly gender perspectives in the law firm’s everyday function and operation. The areas where we have applied gender perspective policies include but they are not limited to: 1) the equal hiring process of trainee lawyers, where traditionally many Greek law firms and offices had a clear and even advertised preference for young female lawyers over male; 2) prison visits of male inmates in state prisons would always be made by a female counsel only when it was absolutely required; and in such an occasion, the female counsel would always be accompanied by a male counsel or trainee lawyer 3) meetings with clients for criminal law cases would not take place by female counsel alone; 4) adoption of an open-door policy and architecture design so that – inter alia - female colleagues feel safe and know that no one can speak to them or act inappropriately unnoticed and 5) any legal briefs or extrajudicial documents handed over to the Courts’ administration, colleagues and bailiffs will always take note as a matter of policy the gender of the person and hence address the person specifically according to his/her/hir gender and not generically via the traditional use of male grammatical forms. CRITERIA OF HIGH MORAL CHARACTER, INDEPENDENCE, IMPARTIALITY AND INTEGRITY
19. What, in your opinion, does the Rome Statute requirement of “high moral character” mean and how do you embody these characteristics? What in your opinion would be contrary to “high moral character”? Pursuant to Art. 36(3)(a) ICCRSt judges should be selected ‘among persons of high moral character, impartiality and integrity’. The requirement is derived from Article 2 of the Statute of the International Court of Justice, where the standard is that of ‘independent judges’ who are ‘persons of high moral character’. It is validly believed that following also the ICTY and ICTR legacy, the said provision has now a customary
