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					                                    Coalition for the International Criminal Court (CICC)
                                           Questionnaire to ICC Judicial Candidates
                                                        2009 Elections


          Please reply to some or all the following questions as comprehensively or concisely as you wish


Name: Chile Eboe-Osuji

Nationality: Nigeria

Nominating State: Nigeria

List: B



Background:
1. Why do you want to be a judge at the ICC? There are a number of reasons. I will discuss
    two for now. (i) I begin with the following joint comments of Mr Stephen J Rapp
    and Mr David Tolbert, in their joint endorsement of my candidature. As they put
    it: ‘We are confident that Chile will make solid and substantial contributions
    to the Court’s work. …    His specific experience in the area of international
    criminal law, coupled with his all-round experience of a trial lawyer’s work,
    undoubtedly equips him extremely well to serve as a judge at the ICC. All of
    this will assist the Court in discharging its work on a solid footing in these
    early years. … Of special interest, perhaps, is Chile’s particular experience
    in the area of the negative effects that armed conflicts have on women and
    children. … He has done extensive research and writing on the topic of sexual
    crimes against women during armed conflicts.’ Also in support of my candidacy,
    a judge at ICTR has written as follows: ‘I approached Mr Chile Eboe-Osuji and
    encouraged him to seek the nomination of his country, which he did
    successfully. ... I have observed him personally and can vouch for him in terms
    of education, competence and integrity needed in a judge of an international
    criminal court.’

    (ii) And from my own perspective, as someone from a continent which has seen
    more than its fair share of wars, it is my hope that ICC, through its
    jurisprudence, can, among other things, develop international criminal law in
    such a manner that curbs wars through law. I believe that my experience and
    reflections on the theory and practice of international criminal law has
    equipped me with keen sensitivity and orientation towards this goal.




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2. What do you think will be the biggest challenges facing you as an ICC judge? The biggest challenge
    to face me at the ICC should be the availability of enough work for the Court
    to do.

3. What do you believe are currently some of the major challenges facing the Court and what do you believe
   will be some of the major challenges in the coming years? The major challenge I see as facing
    the Court lies in the vestiges of the original reason why it took so long to
    establish a permanent international criminal court to begin with. That reason,
    I believe, is that some States are reluctant to subject themselves and their
    allies to accountability before an international criminal court. The vestiges
    of this reluctance are manifest in the simple refusal of the US to ratify the
    Statute of Rome, and their attempt at preventing other States from doing so.
    This challenge is also less starkly present, but just as serious, in the
    international conducts of some Major Powers, such as would cause less powerful
    States to worry that the Court is established to regulate the conducts of only
    the less powerful States.

List A or B Criteria:
While this question is relevant to either list A or list B candidates, we know that some candidates have
competence that would qualify for both lists. Candidates with competence in both criminal and international law
should feel free to answer any question in 4 a) or 4 b) to give the reader a more complete view of their
background and experience.

4 a) For candidates on list A:

    -    How would you describe your competence in criminal law and procedure? Very high indeed.

    -    How would you describe your experience as judge, prosecutor, counsel, or in another similar capacity,
         in criminal proceedings? Also very high. I have been a courtroom lawyer for over
         22 years. During that time, I have alternated my functions in the various
         capacities of a defence counsel, a prosecutor, and a senior legal adviser to
         judges. [Please see my attached curriculum vitae for details.]

4 b) For candidates on list B:

    -    How would you describe your competence in relevant areas of international law, such as humanitarian
         and human rights law? Again very high. Since 1997, I have concentrated my
         practice to the areas of international law, international criminal law, and
         international humanitarian law. This was in the capacity of prosecution
         counsel, senior prosecution counsel, senior Chambers legal officer, and head
         of chambers at the ICTR; as well as senior prosecution appeals counsel at
         the Special Court for Sierra Leone. Furthermore, I have also taught law
         students the subjects, as well as researched and written extensively on the
         subjects. Additionally, I have given public lectures as a guest speaker on
         topics of international criminal and humanitarian law.

    -    How would you describe your professional legal experience that is of relevance to the judicial work of
         the Court? Very relevant. First, my experience as a trial lawyer is highly
         relevant to the judicial work of the Court, given that a judge with a trial
         lawyer’s experience is best equipped to understand and deal with trial
         lawyers who appear before him in a case. A judge is better able to command
         respect of counsel, if counsel perceive the judge as familiar with the
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         ‘tricks of the trade’, so to speak. Second, my experience as a senior
         Chambers legal officer both at the Trial and Appeals Chambers of the ICTR is
         also very relevant to the judicial work of the work, in the sense that I
         have had to assist the judges with decision making and decision/judgment
         drafting. Without overstating my role, I think that I can safely say that I
         have seen the judges, and assisted them, in all aspects of the work, except
         sit on the Bench as a judge. But then again, I have actually sat in Court in
         cases – but at the Bar of the Court, rather than on its Bench. In the
         circumstances, I can safely say that I actually do have an ‘approximate
         judicial experience.’

Nomination Process:
5. What are the qualifications required in your nominating State for appointment to the highest judicial
   offices? How do you meet these qualifications? In Nigeria, the highest judicial offices are
    justices of the Supreme Court of Nigeria. The requirement is membership at the
    Bar for at least 15 years. I was called to the Nigerian Bar in September 1986 –
    ie over 22 years ago.

6. Article 36 of the Rome Statute provides for two possible nomination procedures. Please describe in detail
   the procedure used for your nomination. The Attorney-General of Nigeria, being the
    nominating authority in Nigeria, is the best person to answer this question.
    But I shall try my best to answer it.

    One notes, in the first place, that one of the procedures indicated in article
    36 of the Rome Statute is the procedure for nomination of candidates for the
    highest judicial offices in the nominating country. In that connection, the act
    of nomination, on the one hand, is to be distinguished from the act of
    appointment/election of the candidate following the nomination. In Nigeria,
    elevation to the Supreme Court of Nigeria proceeds in the following way: (a)
    the Attorney General of Nigeria, being the chief law officer of the country,
    nominates a candidate to the President of Nigeria for appointment; (b) the
    President next makes the appointment, after consulting with the National
    Judicial Council; and (c) the Senate confirms the appointment.

    My nomination for the ICC judicial election was made by the Attorney-General of
    Nigeria, with a variation made necessary by the fact that in place of
    nomination to the President who appoints to the Supreme Court, my nomination
    was made to the ASP of ICC who elects to the ICC. The nomination was next
    transmitted to the Ministry of Foreign Affairs, in order that the nomination
    would be duly communicated to the ASP through diplomatic channels. The Ministry
    of Foreign Affairs then transmitted the nomination to the Secretariat of the
    ICC ASP.

    At any rate, the Attorney-General of Nigeria is the best person to answer the
    question.

7. Have you provided the statement required by article 36(4)(a) of the Rome Statute and by the nomination and
   election procedure adopted by the Assembly of States Parties? If not, why not? Yes, the Statement
    has been provided.

Legal System and Language Abilities:


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8 a) Which legal system does your country belong to? Do you have knowledge or experience working in other
     legal systems? My country belongs to the common law system. I have knowledge of
      the continental civil law system, by virtue of my experience working at the
      ICTR for over 11 years now; as well as through education gained by virtue of
      my research and writings.

8 b) What difficulties do you envision encountering working with judges from other legal systems? How would
     you resolve such difficulties? I do have some experience dealing with differences of
      legal systems, in virtue of my work in an international legal institution in
      the past decade and more. Such differences usually involve a dint of
      chauvinism where some colleagues – from both systems – tend to claim the
      superiority of their systems where each system has a different way of solving
      a particular problem. My approach usually is to identify the comparative
      degrees of ease/difficulty and convenience/inconvenience of the solutions
      offered by either system, and then make a decision according to the relative
      ease and convenience of the particular solution, regardless of which system
      offers that solution. I will employ the same method on the Bench.

9 a) What is your knowledge and fluency in English, if it is not your native language? Do you have experience
      working in this language? English is my primary and working language of Nigeria and
      Canada, both of where I studied and practiced law.

9 b) What is your knowledge and fluency in French, if it is not your native language? Do you have experience
      working in this language? I have an intermediate knowledge of French. I have never
      been put in the position of having to work in French; but if the occasion
      arises, I can manage, albeit with a moderate level of difficulty.

Expertise and Experience:
10. Please explain your qualifications for this position. What aspects of your career, experience or expertise
    outside your professional competence do you consider especially relevant to the work of an ICC judge? I
    do see inconsistencies between the first part and the second part to this
    question. The first part is easier to understand that the second part. (a) In
    terms of the first part, my attached curriculum vitae clearly explains my
    professional qualifications for the position both in terms of education and
    experience. In terms of education, it includes a bachelor of laws degree, a
    master of laws degree and, more recently, a doctoral thesis just completed. In
    terms of experience, I have also summarized my relevant professional
    experience, as discussed in answers to Questions 1 to 4 above. (b) In terms of
    the second part of the questions, aspects of my career and experience outside
    my professional competence which is relevant to the work of an ICC judge
    includes (i) the ability to manage people. I have been a team leader man and
    boy. This started with my experience as a head boy of a boys’ boarding school
    to my various positions as work unit leader as an adult. This experience
    involves management of people and human dynamics, even in difficult
    circumstances. An ICC judge will be required to do the same in courtrooms even
    in difficult circumstances. (ii) I also have ease-of-use experience with modern
    technological equipment in the office. I do my own word-processing and legal
    research. An ICC judge of the modern age should be able to do those things for
    him/herself.

11. Do you have any specific legal expertise, including, but not limited to, violence against women or
   children? Yes. In addition to my general legal experience as a criminal lawyer,
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    and more particular experience as an international criminal lawyer, I do have a
    sub-specific expertise in the matters relating to violence against women and
    children. My expertise in this regard was gained from my work described below:

         Summary of candidate’s work on issues of violence against women or children:

         I.    CASES

                  (a) as senior prosecution trial counsel at the ICTR, prosecuted the
                  offence of rape in P v Semanza

                  (b) also prosecuted the offence of ‘rape as torture’ in P v Semanza

                  (c) as senior prosecution appeals counsel at the Special Court for
                  Sierra Leone, co-wrote appellate brief on issue of forced marriage in
                  P v Brima et al (SCSL) (although would have preferred a clear
                  international legislation on the subject)

                  (d) also co-wrote appellate brief on issue of duplicity of indictment
                  regarding sexual slavery and sexual violence in P v Brima et al (SCSL)

                  (e) as       senior prosecution appeals counsel at the Special Court for
                  Sierra       Leone, co-wrote appellate brief on issue of Trial Chamber’s
                  denial       of leave to amend indictment to add counts of sexual violence
                  in P v       Fofana & Kondewa (SCSL)

                  (f) also co-wrote appellate brief on issue of Trial Chamber’s denial
                  of leave to lead evidence of sexual violence during the trial in P v
                  Fofana & Kondewa (SCSL)

                  (g) also co-wrote appellate brief on issue of Trial Chamber’s
                  acquittal on count of use of child soldiers in P v Fofana & Kondewa
                  (SCSL)

         II. SCHOLARLY RESEARCH AND WRITING

                  Topics researched and written upon include:

                           •     definition and analysis of rape in international criminal law
                                 (paper);
                           •     rape as genocide (paper);
                           •     rape and superior responsibility in international law
                                 (paper);
                           •     sexual violence in armed conflicts as the war crime of
                                 terrorism (paper); and
                           •     forced marriage as an international crime (paper).

12. Historically, many of the grave abuses suffered by women in situations of armed conflict have been
    marginalized or overlooked.

    a) What experiences have you had dealing with crimes of sexual and/or gender based violence? I have a
   comfortable experience prosecuting such crimes. Please see my answer to
   question 11 above.
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    b) Are there situations or cases in the past where you believe you have applied a gender perspective, i.e.
    inquired into the ways in which men and women were differently impacted? If so, to what effect? I
    believe that I am always sensitive to need to apply the gender perspective. In
    my professional life, I have constantly explored the gender perspective. Here,
    I make specific reference to my written thesis as follows: (i) The current law
    on superior responsibility in international criminal is flawed in its
    requirement that a superior is not to be held liable for the conduct of a
    subordinate, unless the superior knew that the subordinate was ‘committing or
    about to commit’ the crime. Applied as a gender-neutral proposition, the
    principle might seem harmless. But it is not harmless when one considers that
    armed conflicts pose a perennial danger of rape and sexual abuse of women. In
    view of this perennial danger, the better formulation of the principle should
    not rest liability of the superior on the present or imminent knowledge of the
    subordinate’s crime. The responsibility should be a duty on the superior to put
    all reasonable measures in place to prevent rape or other sexual abuse of women
    during war. Failure to do that should trigger the responsibility. (ii) The
    requirement of the Prosecution to proof lack of consent in rape cases, as part
    of the case for the prosecution, is also problematic in the context of rapes
    committed during armed conflicts. Since armed conflicts invariably involve
    prevalence of violence, the burden of proving presence of consent in rape cases
    committed during armed conflicts should be shifted to the Defence.

    I also consider the gender perspective in my functions as a supervisor in the
    office. For one thing, I always ensure diversity in my work unit. I currently
    supervise a staff consisting over 60 lawyers. More than half of that number
    comprises women. Furthermore, I make a point of ensuring that nursing mothers
    in the work unit are reasonably accommodated, and not penalized, because of
    their need to attend to the nursing needs of their babies at home.

    c) Are there situations where you did not analyze the different impacts of a situation on women and men but
    on reflection now think such an analysis would have been appropriate? Not that I can think of.

13. Victims have a recognized right to participate in ICC proceedings and to apply for reparations under
    Article 75. What experience relevant to these provisions do you have? I do have experience in
    this regard, though not gained in an ICC-type setting. My experience was gained
    from having done civil litigation in the past in both Nigeria and Canada. As
    well, I did some criminal injuries compensation work in Ontario, Canada. Both
    types of work involved assessment and claims for damages arising from injuries
    to persons and property.

14. Did you help advocate for the adoption of human rights or international humanitarian law treaties or other
    instruments? Please describe your experience. Yes, indeed. I participated in the movement
    that urged Canada to ratify the Statute of Rome.

15. Have you served on the staff or board of directors of human rights or international humanitarian
    law organizations? Please describe your experience. No, I have not.

16 a) Please provide us with a list of your writings and opinions relevant to evaluating your experience. In
    addition to         numerous legal briefs filed in court and confidential                                 legal
    opinions, I         have also researched and written the following papers,                                among
    others:
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         •   ‘Rape as Genocide: Some Questions Arising’ (2007) 9 Journal of Genocide
             Research pp 251-273.
         •   ‘The Role of the Security Council in Prosecuting the Crime of Aggression:
             an African Perspective’ (2007) 34 The Monitor-Journal of the Coalition
             for the International Criminal Court 8.
         •    ‘Superior or Command Responsibility – A Doubtful Theory of Criminal
             Responsibility at the Ad Hoc Tribunals’ in Deceaux et al, From Human
             Rights to International Criminal Law[The Hague: Brill, 2007] 105.
         •    ‘International Law, Mercenary Activities and Conflict Prevention In
             Africa’ [Co-author: Adama Dieng] in Deceaux et al, From Human Rights to
             International Criminal Law[The Hague: Brill, 2007] 617.
         •    ‘Vague’ Indictments and Justice at the International Criminal Tribunals:
             Learning from the World of Common Law’ in C P M Waters (ed), British and
             Canadian Perspectives on International Law [The Hague: Brill, 2006] 105.
         •   ‘Rape and superior responsibility in international law’ [http://www.icc-
             cpi.int/library/organs/otp/050620_Chile_presentation.pdf].
         •   ‘Murder as a Crime against Humanity at the Ad Hoc Tribunals: Reconciling
             Differing Languages’ [(2005) Canadian Yearbook of International Law p
             145].
         •   ‘Genocide, Justice and the Forensic Sensibilities of the International
             Committee of the Red Cross’ Chinese Journal of International Law (2006)
             Vol 5, No 1, p 149.
         •   ‘Crimes Against Humanity: from Finta to Mugesera’ or ‘In Sync at Last:
             Canadian Law and International Law of Crimes Against Humanity’, Canadian
             Council on International Law website (November 2005) http://www.ccil-
             ccdi.ca/index.php?option=com_content&task=view&id=124&Itemid=76
         •   ‘The World Our Stage: Practice at the Bar of International Law’ The
             Advocates’ Society Journal (summer 2005) pp 14—16.
         •   ‘Complicity in Genocide’ vs ‘Aiding and Abetting Genocide’: Construing
             the Difference in ICTR and ICTY Statutes (2005) 3 Journal of
             International Criminal Justice 56—81.
         •   ‘Kleptocracy: a desired subject of international criminal law that is in
             dire need of prosecution by universal jurisdiction’, African Perspectives
             on International Criminal Justice (2005) p 121.
         •   ‘Crimes against Humanity: the End of Im[m/p]unity in a New Order of
             International Criminal Law’ AFLA Quarterly (October—December 1999) p 15.
         •   ‘The Jurisdiction to Prosecute Foreigners for Crimes Against Humanity
             Committed Abroad’ AFLA Quarterly (April—June 2000) p 12 [Co-author:
             Suzanne Schairer].
         •   ‘World War against Aviation Terrorism … the Role of Canada’ in MATTE (ed)
             Arms Control and Disarmament in Outer Space: Towards a New Order of
             Survival, vol iv, 59.
         •   ‘The Duty to Defend an Unnamed Insured - Even the Fourth Generation
             Driver’ (1996) 14 Canadian Journal of Insurance Law, p 65.
         •   ‘Repeal of the Ontario Employment Equity Laws: A Lesson in Denial of
             Equal Protection of the Laws’ in Agocs, Workplace Equality: International
             Perspectives on Legislation, Policy and Practice’ (2002) p 109 [Co-
             author: Elizabeth McIsaac].
         •   ‘State Immunity, State Atrocities, and Civil Justice in the Modern Era of
             International Law’ [pending publication in the Canadian Yearbook of
             International Law].


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         •   ‘Torture, Terrorism, and Civil Suits against Foreign States in Canadian
             Courts’ , Law Times 9 October 2007.
         •   ‘Responsibility of States for Genocide Crimes’, Law Times 17 May 2007
         •   ‘Another Look at the Mens Rea of the War Crime of Terrorism’ [pending
             publication].
         •   ‘“Grave Breaches” as War Crimes: Much Ado About … “Serious Violations”’
             [pending publication]
         •    ‘Defining and Analysing Rape in International Criminal Law: an Unsettled
             Tug-of-War?’ [pending publication]
         •   ‘Forced Marriage: an International Crime?’ [pending publication]
         •   ‘Crimes against Humanity: Civilians as Deliberate Targets of Attacks’
             [pending publication]
         •   ‘Burning as a Mode of the War Crime of Pillage’ [pending publication]
         •    ‘Interlocutory Appeals at The International Criminal Tribunal for
             Rwanda’ [pending publication]
         •   ‘Curbing War through Law: a teleological approach to international
             criminal justice’ [pending publication]

16 b) Please provide us with an electronic copy of any writing or opinion describing your experience as
     outlined in questions 1a), 1b) and 5. I do not understand this question. There are no
      questions 1a), 1b) and 5. I assume the question calls for a copy of one of my
      papers. In that case, I shall attach my paper published in the Journal of
      International Criminal Justice, entitled “‘Complicity in Genocide’ versus
      ‘Aiding and Abetting Genocide’”.

Other matters:
17. Have you ever resigned from a position as a member of the bar of any country or been disciplined or
    censured by any bar association of which you may have been a member? If yes, please describe the
    circumstances. No.

18. Have you ever been found after an administrative or judicial hearing to have discriminated against or
    harassed an individual on the grounds of actual or perceived age, race, creed, color, gender, sexual
    orientation, religion, national origin, disability, marital status, socioeconomic status, alienage or citizenship
    status? If yes, please describe the circumstances. No.

19. It is expected that a judge shall not, by words or conduct, manifest or appear to condone bias or prejudice,
    including, but not limited to, bias or prejudice based upon age, race, creed, color, gender, sexual
    orientation, religion, national origin, disability, marital status, socioeconomic status, alienage or citizenship
    status and shall require staff, Court officials and others subject to his or her direction and control to refrain
    from such words or conduct.

  a) Do you disagree or have difficulty with this expectation? Absolutely not. These are extremely
  important social values.

  b) How will you be able to meet this expectation? There are many ways of doing this. The
  include the following: (i) By actually putting these values in practice, and not
  by paying lip service to them. (ii) By striving at all times to treat people,
  without discrimination, with the same level of respect as one craves for
  oneself.

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20. Article 40 of the Rome Statute requires judges to be independent in the performance of their functions.
    Members of the CICC and governments are concerned about the difficulties judges might experience in
    interpreting articles of the Rome Statute where their government has already expressed an opinion.

    a) Do you expect difficulties in your taking an independent position? No, I do not expect any
         difficulty in taking an independent position.

    b) Would you be able to judge impartially whether an investigation by your government was genuine?
         Yes, I will be able to do that. I expect, however, that ICC judges will find
         it preferable to avoid tempting partiality, by refraining from putting
         judges to sit on matters in which a particular judge’s government or State
         is a party. This is because of the classic rule that not only must justice
         be done, it must be seen to have been done. Justice may not be served by
         putting an ICC judge in the awkward position of sitting in a case in which
         his Government or State is a party. His or her independence would already
         have been compromised, as it will be awkward for him to agree with his
         Government’s position, even if that is the objectively correct position in
         the case.

21. A judge is expected to be on the bench or otherwise handle legal matters for at least seven hours per day,
    five days per week, and at times a judge’s responsibilities may require him or her to be on the bench or at
    work into the evenings and on weekends. Do you expect to be able, now and in the foreseeable future, to
    perform these tasks on your own or with reasonable accommodation? If no, please describe the
    circumstances. Yes, I do. I have no health condition which will prevent me from
    putting in long hours. In terms of work habit, I already put in long hours, and
    have regularly done so for 22 years.

22. Do you know of any factors that would adversely affect your ability to competently serve as a judge, to
    comply with a judge’s ethical responsibilities, or to complete the day-to-day responsibilities that a judge is
    required to assume? If yes, please explain. No.

Thank you. Not at all.




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                                      Chile EBOE-OSUJI
                                       490 Broadview Avenue
                                   OTTAWA, Ontario, Canada K2A 2l1

                                        Tel: +1 (613) 728-0660
                                      Email: eboeosuji@gmail.com

Some Personal Data
 Name:                  Chile Eboe-Osuji
 Date of Birth:         2 September 1962

 Nationality:           Nigerian

 Gender:                Male

Professional Affiliations
 Called to the following Bars:             (1)   Nigeria                              September 1986
                                           (2)   Ontario (Canada)                      February 1993
                                           (3)   British Columbia (Canada)            November 1993

 Member of the following Societies:        (1)   Law Society of Upper Canada
                                           (2)   Advocates’ Society of Ontario (Canada)
                                           (3)   Canadian Council on International Law
                                           (4)   American Society of International Law
                                           (5)   British Institute of International Law
                                           (6)   International Law Association
Professional Experience
    2008—date     Head of Chambers
                  UNITED NATIONS, INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA Arusha,
                  Tanzania
                  [Providing expert legal advice and other support to the Chambers of the ICTR as the
                  principal legal officer in Chambers; supervise and co-ordinate the work of legal officers
                  in Chambers; organise and supervise judgment drafting; oversee the effective
                  organisation of judicial proceedings in liaison with the Registry of the Tribunal; etc.]

   2007—2008      Senior Appeals Counsel
                  SPECIAL COURT FOR SIERRA LEONE, Freetown, Sierra Leone
                  [Represented the Prosecutor of the Special Court for Sierra Leone as a senior appeals
                  counsel in prosecution appeals before the Appeals Chamber of the Court; Drafted Legal
                  Briefs, Memorials, Submissions and other Legal Documents; coordinating the work of a
                  prosecution appeal team.]
   2006—2007      Lecturer
                  FACULTY OF LAW, English Common Law Section, UNIVERSITY OF OTTAWA, Ontario,
                  Canada
                  [Taught international criminal law to students at the Faculty of Law of the University of
                  Ottawa]
   2005—2007      Barrister-at-Law
                  BORDEN LADNER GERVAIS LLP, Ottawa, Ontario, Canada
                  [Argued Cases in Courts and Administrative Tribunals, Drafted Pleadings, Legal Briefs
                  and other Legal Documents, Conducted Legal Research and Wrote Legal Opinions and
                  Research Papers, etc.]
   2003—2005      Senior Legal Officer in Chambers
                  UNITED NATIONS, INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA Arusha,
                  Tanzania
                  [Provided legal assistance to the Judges in Trial Chamber II by way of research on
                  criminal law and procedure in common law jurisdictions, Canadian criminal law and
                  procedure, international criminal law and procedure, international humanitarian law,
C EBOE-OSUJI
                                                                                                              11
                international human rights law, public international law and procedure; Responsible for
                Drafting of Legal Opinions, Decisions and Judgments for Judges of an ICTR Trial
                Chamber, supervising other legal officers to the Judges in their research and writing for
                the Judges; etc.]

  2000—2003     Senior Trial Attorney/Lead Prosecution Counsel
                UNITED NATIONS, INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA, Arusha,
                Tanzania
                [Represented the Prosecutor of the Tribunal as a trial team leader in the prosecution of
                the Cases of Bagosora, Nsengiyuumva, Kabiligi and Ntabakuze and the Semanza Case;
                Drafted Legal Briefs, Memorials, Submissions and other Legal Documents; supervising a
                trial team.]
  1999—2000     Head Legal Officer in the Appeals Chamber
                UNITED NATIONS, INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
                (APPEALS CHAMBER), The Hague, The Netherlands
                [Provided legal assistance to the Appeals Judges by way of research on criminal law and
                procedure in common law jurisdictions, Canadian criminal law and procedure,
                international criminal law and procedure, international humanitarian law, international
                human rights law, public international law and procedure; Responsible for Drafting
                Legal Opinions, Decisions and Judgments for Judges of the ICTR Appeals Chamber,
                supervised other legal officers to the Judges in their research and writing for the Judges;
                etc.]
 1999(02—09)    Prosecution Counsel/Assistant Trial Attorney
                UNITED NATIONS, INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA, Arusha,
                Tanzania
                [Represented the United Nations in its prosecution, before the ICTR, of war crimes,
                crimes against peace, crimes against humanity, and other international crimes
                committed by Rwandans in Rwanda and in neighbouring states during 1994.]
       1997—    Prosecution Counsel/Assistant Trial Attorney
     1999(02)   UNITED NATIONS—INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA,
                Kigali, Rwanda
                [Represented the Prosecutor of the Tribunal in her prosecution, before the ICTR, of
                genocide, war crimes, crimes against humanity, and other international crimes
                committed by Rwandans in Rwanda and in neighbouring states during 1994]
   1996—1997    Barrister-at-Law
                EBOE-OSUJI & ADETUNJI, (Barristers & Solicitors), Toronto, Canada
                [Argued various cases at all levels of courts of Ontario, Canada, the Federal Court of
                Canada and the Supreme Court of Canada; Drafted Pleadings, Legal Briefs and other
                Legal Documents.]
   1994—1995    Barrister-at-Law
                ROBINSON,HINKSON, Toronto, Canada
                [Argued various cases at all levels of courts of Ontario, Canada, Drafted Pleadings,
                Legal Briefs and other Legal Documents.]
   1993—1994    Barrister-at-Law
                RUSSELL & DuMOULIN, (Barristers & Solicitors), Vancouver, Canada
                [Argued Cases in Court, Drafted Pleadings, Legal Briefs and other Legal Documents.]
  1993(02—11)   Clerk-at-Law/Barrister-at-Law
                RUSSELL & DuMOULIN, (Barristers & Solicitors), Vancouver, Canada
                [Argued Cases before the Federal Court of Canada, British Columbia Small Claims
                Courts and Tribunals, Drafted Pleadings, Legal Briefs and other Legal Documents,
                Conducted Legal Research and Wrote Legal Opinions and Research Papers, etc]
   1991—1992    Clerk-at-Law
                SCOTT & AYLEN (Barristers & Solicitors), Ottawa, Canada
                [Argued Cases in Small Claims Courts and Administrative Tribunals, Drafted
                Pleadings, Legal Briefs and other Legal Documents, Conducted Legal Research and
                Wrote Legal Opinions and Research Papers, etc.]
   1989—1991    Law Researcher
                CENTRE FOR RESEARCH IN AIR AND SPACE LAW, McGill University, Montreal,
                Canada
C EBOE-OSUJI                                                                                                  11
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                 [Conducted Legal Research, Wrote Legal Research Papers, Conference Legal Papers,
                 etc.]
   1988—1989     Law Researcher—Freelance
                 Montreal Canada
                 [Conducted Legal Research and provided Canadian and international legal
                 instruments to asylum seekers]
   1986—1988     Barrister and Solicitor
                 UGOCHUKU & CO (Barristers & Solicitors), Port Harcourt, Nigeria
                 [Argued Cases in Court, Drafted Pleadings, Legal Briefs, Agreements, Leases,
                 Mortgages and other Legal Documents.]
   1985—1986     Clerk-at-Law
                 AHAMBA & ASSOCIATES (Barristers & Solicitors), Owerri, Nigeria
                 [Drafted Pleadings, Legal Briefs and other Legal Documents, Conducted Legal
                 Research and Wrote Legal Opinions and Research Papers, etc.]

Education (Advanced Law Degrees)
      Master of Laws (LLM) Degree                                                           1989—1991
      McGill University, Montreal, Canada
        Award: 1st Prize: 1990 Essay Contest
                  McGill’s Graduate Programme in Air and Space Law
Education (Academic Law Degrees)
      (1) Canadian Bachelor of Laws (LLB) Equivalency                                       1989—1991
      [Certificate of Qualification]
      McGill University (Faculty of Law)/Joint Committee on Accreditation of the
      Federation of Canadian Law Societies
      (2) Bachelor of Laws (LLB) (Honours) Degree                                           1981—1985
      University of Calabar, Calabar, Nigeria
Education (Professional Law Degrees/Certificates)
      (1) Barrister-at-Law Degree, (Professional Legal Training Course)                  1993 (02—04)
      The Law Society of British Columbia, Vancouver, Canada
      (2) Barrister-at-Law Degree, (Bar Admission Course)                                 1991(05—06)
      The Law Society of Upper Canada (Ontario), Ottawa, Canada                           1992(09—12)
      (3) Barrister-at-Law Certificate, (The Nigerian Law School)                           1985—1986
      The Nigerian Council of Legal Education

A Summary of Notable Professional Accomplishments
      (1) Senior Appeals Counsel in Prosecutor v Brima, et al, Special Court for Sierra Leone
      (2) Senior Appeals Counsel in Prosecutor v Fofana et al, Special Court for Sierra Leone
      (3) Lead prosecution counsel in Prosecutor v Semanza (No ICTR-97-20-T) International Criminal
          Tribunal for Rwanda, judgment dated 15 May 2003; [at the end of the trial, Laurent Semanza
          (mayor of Bicumbi, Rwanda) was convicted of complicity in genocide, extermination as a crime
          against humanity, two counts of murder as a crime against humanity, rape as a crime against
          humanity, and torture as a crime against humanity];
      (4) Interim Lead Counsel in Prosecutor v Bagosora, Nsengiyumva, Kabiligi and Ntabakuze (No
          ICTR-98-48-T); my role in the case included preparing the case, making the opening statement,
          and leading the first expert witness in examination-in-chief;
          [http://65.18.216.88/ENGLISH/PRESSREL/2002/312chile&delponte.htm]
      (5) Lead counsel in Cummings v Budget Rent-A-Car and Zurich Ins Co (1996), 29 OR (3 d) 1, 136
          DLR (4th) 330 (Ontario Court of Appeal, application for leave to appeal dismissed by the
          Supreme Court of Canada (1997), 31 OR (3d) I) - a land mark case in Canadian car insurance
          law: successfully tested proposition that an insurer has a duty to defend qualified young drivers
          whose class had been excluded rented car by the car rental company.
      (6) Lead counsel in Ferrel & ors v A-G (Ontario) [‘the Employment Equity Case’] - a land mark case
          in Canadian constitutional right to equality: testing the proposition that the repeal of Ontario’s
C EBOE-OSUJI                                                                                                   12
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          employment equity laws is unconstitutional and does involve a constitutionally reviewable
          governmental action.
      (7) Successful defence in Nigeria of three men accused of a capital punishment offence.



Selected Publications, Speeches and Researches
  Select Articles:    •   ‘Rape as Genocide: Some Questions Arising’ (2007) 9 Journal of
                          Genocide Research pp 251-273.
                      •   ‘The Role of the Security Council in Prosecuting the Crime of Aggression:
                          an African Perspective’ (2007) 34 The Monitor-Journal of the Coalition
                          for the International Criminal Court 8.
                      •    ‘Superior or Command Responsibility – A Doubtful Theory of Criminal
                          Responsibility at the Ad Hoc Tribunals’ in Deceaux et al, From Human
                          Rights to International Criminal Law[The Hague: Brill, 2007] 105.
                      •    ‘International Law, Mercenary Activities and Conflict Prevention In
                          Africa’ [Co-author: Adama Dieng] in Deceaux et al, From Human Rights
                          to International Criminal Law[The Hague: Brill, 2007] 617.
                      •    ‘Vague’ Indictments and Justice at the International Criminal Tribunals:
                          Learning from the World of Common Law’ in C P M Waters (ed), British
                          and Canadian Perspectives on International Law [The Hague: Brill,
                          2006] 105.
                      •   ‘Rape and superior responsibility in international law’ [http://www.icc-
                          cpi.int/library/organs/otp/050620_Chile_presentation.pdf].
                      •   ‘Murder as a Crime against Humanity at the Ad Hoc Tribunals:
                          Reconciling Differing Languages’ [(2005) Canadian Yearbook of
                          International Law p 145].
                      •   ‘Genocide, Justice and the Forensic Sensibilities of the International
                          Committee of the Red Cross’ Chinese Journal of International Law
                          (2006) Vol 5, No 1, p 149.
                      •   ‘Crimes Against Humanity: from Finta to Mugesera’ or ‘In Sync at Last:
                          Canadian Law and International Law of Crimes Against Humanity’,
                          Canadian Council on International Law website (November 2005)
                          http://www.ccil-
                          ccdi.ca/index.php?option=com_content&task=view&id=124&Itemid=76
                      •   ‘The World Our Stage: Practice at the Bar of International Law’ The
                          Advocates’ Society Journal (summer 2005) pp 14—16.
                      •   ‘Complicity in Genocide’ vs ‘Aiding and Abetting Genocide’: Construing
                          the Difference in ICTR and ICTY Statutes (2005) 3 Journal of
                          International Criminal Justice 56—81.
                      •   ‘Kleptocracy: a desired subject of international criminal law that is in dire
                          need of prosecution by universal jurisdiction’, African Perspectives on
                          International Criminal Justice (2005) p 121.
                      •   ‘Crimes against Humanity: the End of Im[m/p]unity in a New Order of
                          International Criminal Law’ AFLA Quarterly (October—December 1999)
                          p 15.
                      •   ‘The Jurisdiction to Prosecute Foreigners for Crimes Against Humanity
                          Committed Abroad’ AFLA Quarterly (April—June 2000) p 12 [Co-author:
                          Suzanne Schairer].
                      •   ‘World War against Aviation Terrorism … the Role of Canada’ in MATTE
                          (ed) Arms Control and Disarmament in Outer Space: Towards a New
                          Order of Survival, vol iv, 59.
                      •   ‘The Duty to Defend an Unnamed Insured - Even the Fourth Generation
                          Driver’ (1996) 14 Canadian Journal of Insurance Law, p 65.
                      •   ‘Repeal of the Ontario Employment Equity Laws: A Lesson in Denial of
                          Equal Protection of the Laws’ in Agocs, Workplace Equality:
                          International Perspectives on Legislation, Policy and Practice’ (2002) p
C EBOE-OSUJI                                                                                              13
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                               109 [Co-author: Elizabeth McIsaac].
                          •    ‘State Immunity, State Atrocities, and Civil Justice in the Modern Era of
                               International Law’ [pending publication in the Canadian Yearbook of
                               International Law].
                          •    ‘Torture, Terrorism, and Civil Suits against Foreign States in Canadian
                               Courts’ , Law Times 9 October 2007.
                          •    ‘Responsibility of States for Genocide Crimes’, Law Times 17 May 2007
                          •    ‘Another Look at the Mens Rea of the War Crime of Terrorism’ [pending
                               publication].
                          •    ‘“Grave Breaches” as War Crimes: Much Ado About … “Serious
                               Violations”’ [pending publication]
                          •     ‘Defining and Analysing Rape in International Criminal Law: an
                               Unsettled Tug-of-War?’ [pending publication]
                          •    ‘Forced Marriage: an International Crime?’ [pending publication]
                          •    ‘Crimes against Humanity: Civilians as Deliberate Targets of Attacks’
                               [pending publication]
                          •    ‘Burning as a Mode of the War Crime of Pillage’ [pending publication]
                          •     ‘Interlocutory Appeals at The International Criminal Tribunal for
                               Rwanda’ [pending publication]
                          •    ‘Curbing War through Law: a teleological approach to international
                               criminal justice’ [pending publication]

  Theses:                 •    Aviation Incidents and the Earth-based Victims: a Review of Anglo-
                               Canadian Tort Law [Montreal: McGill LL M Thesis, 1991] v. 203 pp.
                               ISBN: 0315744812

  Manuscripts:            •    Sexual Violence against Women, Armed Conflicts and International Law
                          •    International Criminal Law: an Inside View of an Edifice Under
                               Construction
                          •    Spirit of Sankey—Commentary on Aspects of Canadian Constitutional
                               Law

  Legal Research              Very Extensive - over 500 academic legal and professional legal research
  Experience:                 papers.

  Speeches and                    •   NIGERIAN BAR ASSOCIATION, 2007 Annual Conference, Ilorin,
  Lectures Invitations:               Nigeria, 28 August 2007 [Paper Presented: ‘Ensuring Legally
                                      Responsible Development’]
                                  •   INTERNATIONAL LAW ASSOCIATION, 2006 Biennial Conference,
                                      Toronto, Canada, 7 June 2006 [Paper Presented: ‘Rethinking
                                      Superior Responsibility for Rape of Women during Armed Conflicts’]
                                  •   CANADIAN LAWYERS ABROAD, UNIVERSITY OF OTTAWA
                                      CHAPTER, Conference on Staying the Hand of Vengeance:
                                      Prosecuting International Crimes, Ottawa, Canada, 10 March 2006
                                      [Keynote Speech: ‘Empathy in Genocide Trials—The Death of
                                      Numbers’]
                                  •   McGILL UNIVERSITY LAW FACULTY, CENTRE FOR HUMAN
                                      RIGHTS AND LEGAL PLURALISM, Conference on Hybrid Courts in
                                      Context, Montréal, Canada, 17 February 2006 [Moderated discussion
                                      on the Contribution of Hybrid Courts to Post-Conflict
                                      Reconcilliation];
                                  •   CANADIAN COUNCIL ON INTERNATIONAL LAW, 2005 Annual
                                      Conference, Ottawa, Canada, 27 October 2005 [Paper Presented:
                                      ‘Definition and Analysis of Rape in International Criminal Law—A
                                      Continuing Tug-of-War?’]
                                  •   INTERNATIONAL COMMITTEE OF THE RED CROSS,
                                      International Conference on ‘Customary International Humanitarian
C EBOE-OSUJI                                                                                               14
                                                                                                  15
                      Law: Challenges, Practices and Debates’, Montréal, Canada, 30
                      September 2005 [Paper Presented: ‘Customary International Law in
                      the Proceedings of the International Criminal Tribunals for Rwanda
                      and the former Yugoslavia’]
                  •   BRITISH ASSOCIATION OF CANADIAN STUDIES, LEGAL
                      STUDIES GROUP, CANADA-UK PERSPECTIVES ON PUBLIC
                      INTERNATIONAL, London, England, 24 June 2005 [Paper
                      Presented: ‘“Vague” Indictments and Justice at the International
                      Criminal Tribunals: Learning from the World of Common Law’]
                  •   INTERNATIONAL CRIMINAL COURT, OTP GUEST LECTURE
                      SERIES, The Hague, The Netherlands, 20 June 2005 [Paper
                      Presented: ‘Rape and superior responsibilityin international law’
                      <www.icc-cpi.int/otp/otp_guest_lecturer&id=30.html>]
                  •   ADVOCATES’ SOCIETY OF ONTARIO, Fall Convention, Scottsdale,
                      Arizona, 19—20 November 2004 [Paper Presented: The Practice of
                      International Law in a Changing World: a Canadian Perspective]
                  •   THE YUKON COLLEGE, Maddison Chair Lecture, Whitehorse, The
                      Yukon Territory, 22 November 2004 [Paper Presented:
                      ‘Contributions of the International Criminal Tribunal for Rwanda to
                      the Development of International Law of War Crimes’]
                  •   UNITED NATIONS HIGH COMMISSION FOR HUMAN RIGHTS,
                      Experts Meeting on the Sierra Leone Independent Special Court and
                      the Sierra Leone Truth and Reconciliation Commission, New York,
                      19—22 December 2001
                  •   AFRICA LEGAL AID, Experts Meeting on African Perspectives on
                      Universal Jurisdiction for International Crimes, Arusha, Tanzania,
                      November 2002
                  •   AFRICA LEGAL AID, Experts Meeting on African Perspectives on
                      Universal Jurisdiction for International Crimes, Cairo, Egypt, 30—31
                      July 2001 [Paper Presented: ‘Kleptocracy: A Viable Candidate for
                      International Criminal Law, in Dire Need of Prosecution by Universal
                      Jurisdiction’]
                  •   HARVARD UNIVERSITY BLACK STUDENTS ASSOCIATION,
                      Conference on Affirmative Action, 7 and 8 February 1997 [Title of
                      Speech: ‘Equality, Democracy and the Politics of Self Interest’]
                  •   UNIVERSITY OF WESTERN ONTARIO LAW FACULTY, 12 March
                      1997 [Title of Lecture: ‘A Principle of Duty - the State and the
                      Elimination of Unconstitutional Discrimination’]
                  •   CANADIAN ASSOCIATION OF BLACK LAWYERS, 29 June 1997
                      [Title of Speech: ‘Justiciability of the Constitutional Challenge against
                      the Repeal of the Employment Equity Laws of Ontario’]

  Languages:   Primary Language: English
               Mother Tongue: Ibo
               Other Language: Advanced Level French




C EBOE-OSUJI                                                                                      15

				
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