Legal Consultant (Two positions)

ANNOUNCEMENT FOR INTERNATIONAL LEGAL CONSULTANTS

GENERAL BACKGROUND:

Under the applicable law, and in accordance with the terms of the Agreement between the United Nations and the Royal Government of Cambodia, the Extraordinary Chambers in the Courts of Cambodia (ECCC) has jurisdiction to try senior leaders and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, during the period of the Khmer Rouge regime from 17 April 1975 to 6 January 1979.

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 required in view of the overall goal of completing the current appeals brought to the Pre-Trial Chamber including potential appeals against closing orders, in accordance with the ECCC Completion Plan.

SCOPE OF WORK:

Under the direct supervision of the International Judges, the incumbent will carry out the following responsibilities:

• Provide the necessary legal support to the Pre-Trial Chamber as required;
• Conduct research and draft research papers on a wide range of legal issues in criminal law and procedure (international and Cambodian), international law, international humanitarian law and other areas of specialization using multiple research sources;
• Draft legal opinions on issues raised in appeals, applications and disagreements submitted to the Chamber and present findings for internal review in either written or oral form;
• Attend hearings and deliberations and draft summaries of submissions and written records of proceedings;
• Assist in the drafting of decisions, review translation and proof-read all documents issued by the Chamber to ensure compliance with the applicable rules;
• Assist the International Judges in their day-to-day work in terms of both administrative and procedural functions.
• Perform any other assignments as required.

Results Expected: Good legal research, analysis and presentation of key information to facilitate decision-making. Deliver well-reasoned and clearly written recommendations, legal memoranda, orders and decisions. Perform accurate evidence analysis and draft clear and well-reasoned sections of any judgement related to closing orders. Apply all appropriate policies, guidelines, procedures and processes. Interact effectively and harmoniously with colleagues and concerned parties.

EXPECTED OUTPUTS AND DELIVERABLES:

Deliverables/Output Target due date Review and Approvals Required
Legal research, evidentiary analysis and drafting related to Appeals in cases 003, 004, and 004/2 According to deadlines set by International Judges International Judges

COMPETENCIES:

Professionalism: Excellent and practical knowledge of continental/inquisitorial domestic legal systems and knowledge of international criminal procedure and instruments ; Experience in applying legal expertise to analyse a diverse range of legal issues and problems ; Sound judgment in dealing with sensitive and complex legal issues ; Experience in drafting legal decisions or submissions and ability to pay attention to details ; Demonstrated reliability and discretion to deal with confidential matters ; Conscientious and efficient in meeting commitments, observing deadlines and achieving results ; is motivated by professional rather than personal concerns; shows persistence when faced with difficult problems or challenges; remains calm in stressful situations ; takes responsibility for incorporating gender perspectives and ensuring the equal participation of women and men in all areas of work.

Planning and Organizing: Develops clear goals that are consistent with agreed strategies; identifies priority activities and assignments; adjusts priorities as required; allocates appropriate amount of time and resources for completing work; foresees risks and allows for contingencies when planning; monitors and adjusts plans and actions as necessary; uses time efficiently.

Accountability: Takes ownership of all responsibilities and honours commitments; delivers outputs for which one has responsibility within prescribed time, cost and quality standards; operates in compliance with organizational regulations and rules; supports subordinates, provides oversight and takes responsibility for delegated assignments; takes personal responsibility for his/her own shortcomings and those of the work unit, where applicable.

QUALIFICATIONS:

Education: Advanced university degree (Masters or equivalent) in law (preferably with specialization in criminal law, international law, international humanitarian law or human rights law).

Work Experience: One to two years of relevant professional experience is required. Judicial clerkship experience is highly desirable. Experience of criminal law practice in a domestic system and/or in an international criminal tribunal is highly desirable. Sound knowledge of the functioning of international tribunals and the activities of judicial chambers would be an asset.

Language: The official languages of the ECCC are English, French and Khmer. For this post, fluency in French and/or English is required. Working proficiency in the other language is a key asset. Knowledge of Khmer is also an asset.

Other Desirable Skills: Knowledge of the historical background of the Khmer Rouge Regime as well as the ECCC investigations would be an asset. Knowledge of criminal case analysis software, such as Case Map and ZyLab, would also be considered an asset.

Criteria for evaluation of the level of technical compliance of an applicant:

Technical Evaluation Criteria Obtainable Score
An advanced university degree in law. A first level university degree in a related field with a relevant combination of academic qualifications and experience may be accepted in lieu of the degree in law. 10
One to two years of relevant professional experience. Judicial clerkship experience. Experience of criminal law practice in a domestic system and/or in an international criminal tribunal. Sound knowledge of the functioning of international tribunals and the activities of judicial chambers. 30
Demonstrated knowledge of the substantive law applicable at the ECCC. 10
Excellent and practical knowledge of continental/inquisitorial domestic legal systems and knowledge of international criminal procedure and instruments. 20
Demonstrated knowledge of the historical background of Democratic Kampuchea Regime and of the publicly available information on the cases under investigation. 10
Demonstrated proficiency in drafting of orders, decisions, and other relevant legal documents in English or French. 20
Total Obtainable Score 100

Evaluation of qualified applicants may include a written test and/or an interview.

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 qualify 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.

Special Notice

The Consultancy fees of US$5,000 per month is all inclusive. Please note that no allowance, including DSA, other than the monthly consultancy fee will be offered for this position.

This consultancy is subject to approval of budget and availability of funding.

Applications from qualified female candidates are strongly encouraged.