Conference programme

One year and half after Russia’s full-scale invasion of Ukraine, the brazen breach of the UN Charter continues to pose a great threat to the rules-based international order, raising important questions on how the global rule of law can be defended and restored. From the pursuit of criminal justice for Russia’s aggression and atrocities, domestic prosecutions to the International Criminal Court and a prospective aggression tribunal, to the importance of upholding State responsibility and accessing remedy, reparations, and reconstruction through appropriate legal mechanisms. Including but not limited to international justice institutions - the European Court of Human Rights, the International Court of Justice and others – to the impact of sanctions, and revived interest in UN Security Council reform: what lessons can and should we learn? How should we think about reforming the existing rule of law and collective security architecture, including the UN Security Council, where Russia remains a permanent member? What should be the vision for the future role of the UN in upholding, maintaining, and restoring international peace? And what is the role of organisations such as the IBA in shaping the up the global rule of law?

How successful are our systems and principles for securing justice both nationally and internationally, in peace and in conflict? Are the outcomes just? Are there novel routes to justice?

Judges have to uphold the rule of law in times of national crisis, including war. A nation will be judged on how it treats its enemies. Trials of captured troops for war crimes and trials of absentee commanders must be fair and credible to stand the test of time. What are the procedures and standards that should be put in place so that judges are confident they are upholding the rule of law?

The session will explore how amidst rapid technological change and social and political instability the independent referral bars, in jurisdictions across the globe, strive to preserve and uphold the rule of law.

This panel will address the risks which corporations can face when doing business in war zones and being possibly held liable as accomplices of war crimes.

LGBTQI communities are used as scapegoats to distract citizens from practical bread and butter governmental policies and even the protections of the rule of law. Recent political groups both in the west and nations throughout the world have been using this strategy effectively to win elections. What can the world’s lawyers do to support the rule of law and protect citizens from being swept away by these manufactured scares. Learning from advocates organising for human rights and immigration protection, lawyers can harm themselves with knowledge to put these tactics in the trash bin of history.

Do law firms know and present sufficiently their role in rule of law?

The escalation of Russia's war in Ukraine has united many actors in the international community in seeking a path to criminal accountability for the crimes being committed– including through supporting prosecutions in Ukrainian courts; prosecutions in third states, including under universal jurisdiction; and an ongoing investigation by the International Criminal Court. These efforts have included a number of innovations, including tech-forward investigations and NGO-coordinated documentation efforts. Following a November 2022 UN General Assembly resolution, efforts are also underway to develop a reparations programme for losses sustained as a result of the conflict.
 
On this panel, we first discuss the accountability efforts in Ukraine, looking particularly at how they are serving victims, including victims of sexual violence and children. Panelists will explore whether the lessons learnt in the justice efforts in other conflicts have influenced best practices for investigations in Ukraine ¬– and conversely if the innovative approaches in Ukraine can be applied elsewhere.

Justice and accountability are a critical component of lasting peace and of dealing with the legacy of gross human rights abuses. Yet, from Ukraine to Syria, from South Sudan to Yemen and Myanmar, to many corners of the world where such abuses occur, pathways to justice and accountability often seem inadequate or out of reach. Indeed, some might even argue that pursuing justice can be detrimental to immediate prospects for peace, for it could encourage perpetrators to double-down on their abuse in order to cling to power and escape accountability. Can this be true? This panel will draw from the expertise and insight of experts in the frontlines of international justice to provide perspectives and lessons learned from around the world. Together, the panel will also discuss what role can organizations such as the IBA mandated to “contribute to global stability and peace through the administration of justice” and acting as a “connector, enabler, and influencer, for the administration of justice, fair practice, and accountability worldwide” play in supporting justice as a way to achieve peace.

Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.

The session will take the form of a panel discussion in which it is expected the following topics will arise:

• The process of imposing targeted sanctions.  There is a perceived sense of unfairness amongst many of the individuals on whom sanctions have been imposed- governments have wide powers to do so, sometimes acting on the basis of contested information and with a low burden of proof for what can be serious allegations, and the consequences can be drastic- is this really what we mean by rule of law?
• Access to advice and representation - even where it is technically possible for persons affected by sanctions to get legal advice and representation in court and arbitration proceedings because of exceptions or licences (general or specific) many firms are reluctant to get involved - how does this sit with rule of law concepts?
• Impediments to conducting litigation, arbitrations and enforcing awards – are they compatible with the rule of law and is this is really the kind of rule of law that should apply?

Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.

The independence of the legal profession is a critical requirement for maintaining the rule of law. An important subset of the independence of the legal profession is the independence of the judiciary. One particularly invidious form of attack is the subtle and non-obvious approach of undermining or hijacking the judicial appointments process. Where the judicial appointments process is unduly influenced or controlled, it results in the appointment of judicial officers who have lost their independence even before they get onto the bench, as they are beholden to those who facilitate their appointments. These facilitators could be members of the executive arm of government, influential politicians or businessmen, or sitting or past judicial officers.

This approach to undermining judicial independence is coming to a head now in Israel, where the Executive arm of government is no longer relying on subtlety but is seeking to take absolute control of the judicial appointments process and to arrogate powers to itself to overrule judicial decisions.

Please note that even if you are unable to join the Annual Conference, you can still register for the Rule of Law Symposium for free. If you are NOT already registered for the Annual Conference and would like to attend the Rule of Law Symposium, you must pre-register by Wednesday 1 November by completing the Rule of Law Symposium registration form. There is no registration fee to attend the Symposium.