Legal Consultant

Deadline for applications: 
Wednesday, January 25, 2017 - 23:59
Reference number: 
VA/SCC/2017/01

Contract type:

Duty station: 
Home Based
Contract level: 
Consultant
Duration: 
For roster
Recruiting Office: 
Supreme Court Chamber
Date issued: 
Tuesday, January 10, 2017

GENERAL BACKGROUND:

The United Nations Assistance to the Khmer Rouge Trials (UNAKRT) provides technical assistance to the Extraordinary Chambers in the Courts of Cambodia (ECCC) which is a domestic court established in accordance with Cambodian law. The ECCC has jurisdiction to bring to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom that were committed during the period from 17 April 1975 to 6 January 1979. A feature of the proceedings is inclusion of Civil Parties allowing Victims to participate by supporting the prosecution and to seek specific forms of reparation.

While the ECCC is established as a national Court, the Royal Government of Cambodia sought the technical assistance of the United Nations in operating the court. In Resolution A/57/228 and A/57/228B, the General Assembly approved the involvement of the United Nations and endorsed the agreement outlining the arrangements between the two parties. The United Nations Assistance to the Khmer Rouge Trials (UNAKRT) was established in 2005 to provide on-going technical, operational and logistical support to the Royal Government of Cambodia in all aspect of the Court's operations.

OBJECTIVES:

This assignment is necessary in view of the overall goal of addressing immediate appeals and other requests arising from Case 002/02 during the year 2017 in accordance with the latest version of the ECCC Completion Plan. In view of this, the Supreme Court Chamber will need the services of the consultant as and when an immediate appeal is received by the Chamber. The successful candidate shall be placed in a roster.

A candidate in the roster shall be issued a consultancy contract following receipt of an appeal by the Chamber. The duration of the contract shall be dependent on the workload and as determined by the Judges in the Chamber.

SCOPE OF WORK:

Under the direct supervision of the international Judges of the Supreme Court Chamber and of the Senior Legal Officer, the Consultant will carry out the following responsibilities:

• Assist in drafting of judgments, orders, and other decisions issued in the course of judicial proceedings;
• Provide specialist advice on the application of the law, including, in particular, international criminal law and practice, international humanitarian law, human rights law and comparative law, as necessitated by the issues arising before the Supreme Court Chamber;
• Carry out legal research in the above-mentioned areas and draft legal memoranda;
• Keep abreast of the developments in the relevant law and inform Judges and staff on a frequent basis of such developments.

EXPECTED OUTPUTS AND DELIVERABLES:

Deliverables/Output Target due date Review and Approvals Required
Draft decisions on immediate appeals Depending on filing date, see Internal Rule 108(4)
Draft orders/decisions/memoranda related to Case 002/02 As decided by the Judges, in line with applicable law

INSTITUTIONAL ARRANGEMENT REPORTING AND SUPERVISION:

The Consultant will work as a member of the legal office of the Supreme Court Chamber. He/ She will report to the Senior Legal Officer or international Judges of the Supreme Court Chamber who will be the designated Project Manager for this project.

DUTY STATION:

The consultant will normally be home based. The Consultant may be asked to visit the UNAKRT/ECCC if decided by the international Judges of the Supreme Court Chamber on a case by case basis.

COMPETENCIES:

Successful applicants are expected to have the following competencies:

Professionalism:
• Having in-depth knowledge of international criminal proceedings and instruments, with exposure to the Civil Law system being particularly valuable;
• Having experience in applying legal expertise to analyzing and resolving a diverse range of legal issues and problems; sound judgment in dealing with sensitive and complex legal issues;
• Being conscientious and efficient in meeting commitments, observing deadlines and achieving results;
• Being motivated by professional rather than personal concerns;
• Showing persistence when faced with difficult problems or challenges; remains calm in stressful situations;
• Incorporating gender perspectives and ensuring the equal participation of women and men in all areas of work.

Teamwork:
• Working collaboratively with colleagues to achieve organizational goals, placing team agenda before private agenda;
• Soliciting input by genuinely valuing others’ ideas and expertise;
• Willingness to learn from others;
• Supporting and acting in accordance with final group decisions, even when such decisions may not entirely reflect own position;
• Sharing credit for team accomplishments and accepts joint responsibility for team shortcomings;
• Being culturally sensitive and respectful to colleagues and others.

Planning and Organization:
• Developing clear goals that are consistent with agreed strategies;
• Identifying priority activities and assignments;
• Adjusting priorities as required;
• Allocating appropriate amount of time and resources for completing work;
• Foreseeing risks and allowing for contingencies when planning;
• Monitoring and adjusting plans and actions as necessary;
• Using time efficiently.

Communication:
• Having excellent drafting skills for legal submissions, court decisions and rules in at least one of the international working language of the Extraordinary Chambers (English or French);
• Having excellent communication and interpersonal skills.

QUALIFICATIONS:

Education:
Advanced University degree (Master’s degree or equivalent) in law, preferably with a focus on international criminal or humanitarian law. A first-level university degree in combination with qualifying experience may be accepted in lieu of the advanced university degree.

Work Experience:
Minimum experience of seven years in law, including legal analysis, research and writing. Relevant experience working in the appeals chambers of an international or internationalized criminal tribunal is desirable.

Languages:
The official working languages of the Extraordinary Chambers are Khmer, English and French. For this post, fluency in English (both oral and written) is required. Knowledge of French and/or Khmer is an asset.

Other Desirable Skills:
Knowledge of the historical background of the Khmer Rouge regime and Case 002/01 and Case 002/02. Proficiency in computer skills i.e. MS Office package such as Word, Excel, Power Point and in other legal software applications. Using criminal case analysis software, such as Case Map, Text Map and ZyLab is desirable.

GENERAL BACKGROUND:

The United Nations Assistance to the Khmer Rouge Trials (UNAKRT) provides technical assistance to the Extraordinary Chambers in the Courts of Cambodia (ECCC) which is a domestic court established in accordance with Cambodian law. The ECCC has jurisdiction to bring to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom that were committed during the period from 17 April 1975 to 6 January 1979. A feature of the proceedings is inclusion of Civil Parties allowing Victims to participate by supporting the prosecution and to seek specific forms of reparation.

While the ECCC is established as a national Court, the Royal Government of Cambodia sought the technical assistance of the United Nations in operating the court. In Resolution A/57/228 and A/57/228B, the General Assembly approved the involvement of the United Nations and endorsed the agreement outlining the arrangements between the two parties. The United Nations Assistance to the Khmer Rouge Trials (UNAKRT) was established in 2005 to provide on-going technical, operational and logistical support to the Royal Government of Cambodia in all aspect of the Court's operations.

OBJECTIVES:

This assignment is necessary in view of the overall goal of addressing immediate appeals and other requests arising from Case 002/02 during the year 2017 in accordance with the latest version of the ECCC Completion Plan. In view of this, the Supreme Court Chamber will need the services of the consultant as and when an immediate appeal is received by the Chamber. The successful candidate shall be placed in a roster.

A candidate in the roster shall be issued a consultancy contract following receipt of an appeal by the Chamber. The duration of the contract shall be dependent on the workload and as determined by the Judges in the Chamber.

SCOPE OF WORK:

Under the direct supervision of the international Judges of the Supreme Court Chamber and of the Senior Legal Officer, the Consultant will carry out the following responsibilities:

• Assist in drafting of judgments, orders, and other decisions issued in the course of judicial proceedings;
• Provide specialist advice on the application of the law, including, in particular, international criminal law and practice, international humanitarian law, human rights law and comparative law, as necessitated by the issues arising before the Supreme Court Chamber;
• Carry out legal research in the above-mentioned areas and draft legal memoranda;
• Keep abreast of the developments in the relevant law and inform Judges and staff on a frequent basis of such developments.

EXPECTED OUTPUTS AND DELIVERABLES:

Deliverables/Output Target due date Review and Approvals Required
Draft decisions on immediate appeals Depending on filing date, see Internal Rule 108(4)
Draft orders/decisions/memoranda related to Case 002/02 As decided by the Judges, in line with applicable law

INSTITUTIONAL ARRANGEMENT REPORTING AND SUPERVISION:

The Consultant will work as a member of the legal office of the Supreme Court Chamber. He/ She will report to the Senior Legal Officer or international Judges of the Supreme Court Chamber who will be the designated Project Manager for this project.

DUTY STATION:

The consultant will normally be home based. The Consultant may be asked to visit the UNAKRT/ECCC if decided by the international Judges of the Supreme Court Chamber on a case by case basis.

COMPETENCIES:

Successful applicants are expected to have the following competencies:

Professionalism:
• Having in-depth knowledge of international criminal proceedings and instruments, with exposure to the Civil Law system being particularly valuable;
• Having experience in applying legal expertise to analyzing and resolving a diverse range of legal issues and problems; sound judgment in dealing with sensitive and complex legal issues;
• Being conscientious and efficient in meeting commitments, observing deadlines and achieving results;
• Being motivated by professional rather than personal concerns;
• Showing persistence when faced with difficult problems or challenges; remains calm in stressful situations;
• Incorporating gender perspectives and ensuring the equal participation of women and men in all areas of work.

Teamwork:
• Working collaboratively with colleagues to achieve organizational goals, placing team agenda before private agenda;
• Soliciting input by genuinely valuing others’ ideas and expertise;
• Willingness to learn from others;
• Supporting and acting in accordance with final group decisions, even when such decisions may not entirely reflect own position;
• Sharing credit for team accomplishments and accepts joint responsibility for team shortcomings;
• Being culturally sensitive and respectful to colleagues and others.

Planning and Organization:
• Developing clear goals that are consistent with agreed strategies;
• Identifying priority activities and assignments;
• Adjusting priorities as required;
• Allocating appropriate amount of time and resources for completing work;
• Foreseeing risks and allowing for contingencies when planning;
• Monitoring and adjusting plans and actions as necessary;
• Using time efficiently.

Communication:
• Having excellent drafting skills for legal submissions, court decisions and rules in at least one of the international working language of the Extraordinary Chambers (English or French);
• Having excellent communication and interpersonal skills.

QUALIFICATIONS:

Education:
Advanced University degree (Master’s degree or equivalent) in law, preferably with a focus on international criminal or humanitarian law. A first-level university degree in combination with qualifying experience may be accepted in lieu of the advanced university degree.

Work Experience:
Minimum experience of seven years in law, including legal analysis, research and writing. Relevant experience working in the appeals chambers of an international or internationalized criminal tribunal is desirable.

Languages:
The official working languages of the Extraordinary Chambers are Khmer, English and French. For this post, fluency in English (both oral and written) is required. Knowledge of French and/or Khmer is an asset.

Other Desirable Skills:
Knowledge of the historical background of the Khmer Rouge regime and Case 002/01 and Case 002/02. Proficiency in computer skills i.e. MS Office package such as Word, Excel, Power Point and in other legal software applications. Using criminal case analysis software, such as Case Map, Text Map and ZyLab is desirable.

CRITERIA FOR EVALUATION OF LEVEL OF TECHNICAL COMPLIANCE OF INDIVIDUAL CONTRACTOR:

Technical Evaluation Criteria
1. University degree (Master’s degree or equivalent) in law, preferably with a focus on international criminal or humanitarian law; [Obtainable Score10]
2. Proved seven years of relevant professional working experience at either the national or international level, including legal analysis, research and writing;[Obtainable Score 20]
3. Demonstrated experience as a law clerk or legal officer in the appeals chambers of an international or internationalized criminal tribunal; [Obtainable Score15]
4. Demonstrated in-depth knowledge of international criminal proceedings and instruments, with exposure to the Civil Law system; [Obtainable Score 20]
5. Demonstrated knowledge of the historical background of the Khmer Rouge regime; [Obtainable Score 5]
6. Demonstrated proficiency in using criminal case analysis software, such as Case Map, Text Map and ZyLab; [Obtainable Score 15]
7. Ability to draft effectively and concisely in English. [Obtainable Score 15]

Total Obtainable Score 100

SUBMISSION OF APPLICATION:

Please address the fully completed and signed application form (P.11) in English, together with a cover letter and copies of relevant supporting documents, by e-mail to unakrt-jobs@un.org. The P.11 Form has to be downloaded from the UNARKT Website.

Applications received after the deadline will not be accepted.

Preference will be given to equally qualified female candidates. Due to the large volume of applications, we regret not being able to reply to everyone and will only contact the most suitable candidates for the test and/or an interview.

Successful candidates will be offered a consultancy contract. The remuneration will be determined based on the extent of work experience of the successful candidate.

SPECIAL NOTICE:

Successful candidates will be offered a consultancy contract.

Please note that no allowance, including DSA, other than the consultancy fee will be offered for this position.

This post is subject to approved budget for 2017 and availability of funding.

Applications from qualified female candidates are strongly encouraged.

Remuneration: 
USD 6,000.00 per month