The 21st century has seen significant progress and recent regression in terms of entrenchment of the rule of law. These developments have occurred not only in the domestic context but also within the international sphere. This presentation by Kimberly Prost will explore some of these ‘rule of law’ changes and challenges within the international legal order.
The establishment of the international tribunals and the International Criminal Court represents a landmark advancement in terms of international criminal law and international humanitarian law. It also has contributed to establishing a rule of law culture. The background which led to the creation of these bodies will be explored along with consideration of the fundamental concepts underpinning them and an examination of the current key challenges to maintaining and strengthening these institutions and international criminal justice more broadly.
There will also be a brief reflection on ‘law making’ by the Security Council and whether this constitutes an appropriate role for the Council in terms of progressing the rule of law. In particular resolutions 827 (1993) and 955 (1994) which established the ICTY and the ICTR, resolution 1373 (2001) related to measures to counter terrorism and resolutions 2178 (2014) and 2396 (2017) on Foreign Terrorist Fighters will be considered.
Finally the presentation will explore the role of the Ombudsperson for the Security Council Al-Qaida Sanctions Committee and consider its successes and failures in terms of enhancing the rule of law in Security Council practice.
In July 2000, Ms. Prost joined the Commonwealth Secretariat as Head of the Criminal Law Section. There she delivered a range of programs on international cooperation, counter terrorism, implementation of the Rome Statute, and combating organized crime and corruption.
In March 2005, Ms. Prost was appointed to the post of Chief, Legal Advisory Section with the Division of Treaty Affairs within the United Nations Office on Drugs and Crime. In that position, she continued to run programs on international cooperation and to provide advice and assistance to states regarding the implementation of the international drug, crime and terrorism conventions.
After election by the General Assembly, in July 2006, she was appointed to sit as an ad litem judge of the International Criminal Tribunal for the former Yugoslavia on the trial of seven accused charged in relation to events at Srebrenica and Zepa in 1995. Judgement was delivered in that case in June 2010. She also served as Pre-Trial and Presiding Judge in the case of the Prosecutor v. Tolimir, a self represented accused, during her tenure with the Tribunal.
In June of 2010 Ms. Prost was appointed by the Secretary General as Ombudsperson for the United Nations Security Council Al Qaida Sanctions Committee (1267 Committee). She completed her five year term in that role in mid July 2015. She subsequently served for two years as Chef de Cabinet for the President of the International Criminal Court. In December 2017 she was elected as a Judge of the International Criminal Court and she is currently serving in that capacity in The Hague, Netherlands.