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 cases under investigation by the Office of the Co-Investigating Judges. In the latest version of the ECCC Completion Plan, the cases are scheduled to be completed and closing orders will issue during the first quarter of 2018. This requires the services of two International Legal Consultants to assist it with research and drafting.

SCOPE OF WORK:

Under the direct supervision of the Legal Officers, and the overall supervision of the Co-Investigating Judges, the incumbent will carry out the following responsibilities:

• Conduct legal research and draft research papers on a diverse range of assigned issues in international and comparative criminal law using multiple research sources; select relevant material, analyze information and present findings for internal review;
• Conduct legal research and draft memoranda on international and comparative criminal procedure
• Assist the Co-Investigating Judges in the drafting of orders and decisions;
• Review and analyse evidence;
• Assist the Co-Investigating Judges in the drafting of the closing orders in Cases 003, 004, and 004/2; and
• Perform any other assignments as required.

EXPECTED OUTPUTS AND DELIVERABLES:

Deliverables/Output Target due date Review and Approvals Required
Legal research, analysis and drafting related to preparation of the Closing Orders in Cases 003, 004 and 004/2
According to deadlines set by supervising Legal Officers, depending on individual assignment International Co- Judge and the supervisory Legal Officers

DURATION OF ASSIGNMENT:

The assignment will be for an initial duration of 7 months, subject to satisfactory

DUTY STATION: Phnom Penh, Cambodia

COMPETENCIES:

Professionalism: In-depth knowledge of international criminal proceedings and instruments, with exposure to the Civil Law system being particularly valuable; 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; Shows pride in work and in achievements; demonstrates professional competence; is 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.

Teamwork: Works collaboratively with colleagues to achieve organizational goals; solicits input by genuinely valuing others' ideas and expertise; is willing to learn from others; places team agenda before personal agenda; supports and acts in accordance with final group decision, even when such decisions may not entirely reflect own position; shares credit for team accomplishments and accepts joint responsibility for team shortcomings; and is culturally sensitive and respectful to colleagues and others.

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.

QUALIFICATIONS:

Education: Advanced university degree (Masters or equivalent) in law. A first-level university degree in combination with qualifying experience may be accepted in lieu of the advanced university degree

Work Experience: A minimum of two to three years of relevant professional working experience at either the national or international level. Experience in international criminal law and procedure, and/or as a law clerk or legal officer in an international tribunal or the judiciary of a national criminal court are most desirable.

Language: The official working languages of the ECCC are Khmer, English and French. For this consultancy, fluency in English (both oral and written) is required.

Other Desirable Skills: Knowledge of the historical background of the Khmer Rouge Regime 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 LEVEL OF TECHNICAL COMPLIANCE OF INDIVIDUAL CONTRACTOR:

Technical Evaluation Criteria Obtainable Score
Advanced university degree in law, preferably with a focus on international, criminal or humanitarian law or related field; 10
Proved minimum 2-3 years of relevant professional working experience at either the national or international level, preferably with an emphasis in international criminal law and/or procedure, humanitarian law and/or judicial proceedings; 5
Demonstrated knowledge of the substantive law applicable at the ECCC; 10
Demonstrated in-depth knowledge of international criminal proceedings and instruments, with exposure to the Civil Law system; 15
Demonstrated knowledge of the historical background of Democratic Kampuchea Regime and of the publicly available information on the cases under investigation; 20
Demonstrated proficiency in drafting of orders, decisions, and other relevant legal documents in English; 20
Demonstrated ability to analyse evidence in criminal cases 20
Total Obtainable Score 100