Legal Consultant

Deadline for applications: 
Wednesday, February 5, 2020 - 15:00
Reference number: 
VA/SCC/2020/03

Contract type:

Duty station: 
Phnom Penh, Cambodia
Contract level: 
Consultant
Duration: 
3 months
Recruiting Office: 
Supreme Court Chamber/Special Panel
Date issued: 
Thursday, January 23, 2020

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 aspects of the Court's operations.

OBJECTIVES:

This assignment is required in view of delivering decisions on the KHIEU Samphân’s Application for Disqualification of the Six Appeal Judges Who Adjudicated in Case 002/01 (“the Disqualification case”).

SCOPE OF WORK:

Under the supervision of the Appointed International Judges (“International Judges”) to adjudicate the Disqualification case, the incumbent will carry out the following responsibilities:

• Act as legal adviser to the International Judges coordinating research and analysis on the most complex and sensitive legal issues to ensure legality, consistency and transparency in the application of law, in the area international criminal law and comparative criminal law;
• Draft and/or assign drafting of decisions, briefs and other legal documents to Legal Officers and/or members of the Legal Team and review all such drafts for consistency, quality and timeliness of output;
• Monitor and advise upon the development and efficiency of proceedings;
• Keep abreast of the developments in the relevant law and inform International Judges, Legal Officers, and staff on a frequent basis of such developments;
• Attend hearings and deliberations draft and/or assign drafting draft summaries of submissions and written records of proceedings;
• 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: Excellent 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 the Disqualification case. 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
Simultaneous coordination of the timely drafting process, quality control of the drafts, and high-level of legal expertise related to the Disqualification case According to deadlines set by the International Judges According to the International Judges

COMPETENCIES:

Professionalism: Knowledge of international legal procedures and instruments, including criminal law, both substantive and procedural. Ability to apply legal expertise to analyzing a diverse range of complex and unusual legal issues and problems and in developing innovative and creative solutions. Strong analytical skills and ability to conduct comprehensive legal research on a range of issues, including those of a unique and/or complex nature; proficiency in legal writing and expression and ability to prepare legal briefs, opinions, indictments or legal submissions/motions, and a variety of legal instruments and related documents. Discretion and sound judgment in applying legal expertise to sensitive, complex legal issues. Strong negotiating skills and ability to influence others to reach agreement. Ability to work to tight deadlines and handle multiple concurrent projects/cases. Knowledge of contemporary international relations and of UN system, organization and interrelationships. Shows pride in work and in achievements; demonstrates professional competence and mastery of subject matter; 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.

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 or/and international law). A first-level university degree in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.

Work Experience: A minimum of seven years of progressively responsible experience in law, including legal analysis, research and writing 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: Sound knowledge of the functioning of international tribunals and the activities of judicial chambers would be an asset. 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
Advanced university degree (Master’s degree or equivalent) in international law. A first level university degree in a related field with a relevant combination of academic qualifications and two years additional work experience may be accepted in lieu of the advanced degree in law. 10
A minimum of seven years of progressively responsible experience in law, including legal analysis, research and writing. 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. 20
Demonstrated knowledge of the substantive law applicable at the ECCC. 10
Excellent and practical knowledge of international criminal procedure and instruments. 20
Established capacity to coordinate a legal team to ensure issuance of timely and high-quality decisions. Proper professional interactions with superiors and subordinates. 10
Demonstrated knowledge of the historical background of Democratic Kampuchea Regime and of the publicly available information on the cases 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 USD7,000 per month is all inclusive. Please note that no allowance, including DSA, other than the monthly consultancy fee will be offered for this position.

Applications from qualified female candidates are strongly encouraged.

Remuneration: 
USD7,000 per month