The Irish Centre for Human Rights has acted as a foundation for successful careers for law and policy professionals the world over. One such individual is Dr Fidelma Donlon, Registrar at the Kosovo Specialist Chambers. In this Cois Coiribe article, we explore her time with the University, and her motivations to become involved in this area of practice.
Can you tell us about your journey into international law and what inspired you to pursue a career in human rights and transitional justice?
Growing up, I always had a strong interest in anti-apartheid efforts as well as the civil rights associations of the 1960s, both in the United States and closer to home in Northern Ireland. I was inspired by – and am still inspired by – these movements and their efforts at achieving equality for people. Throughout my university years I was motivated by this idealism, and I developed a keen awareness of human rights and the struggles happening around the world. I decided to study law, hoping to be able to represent people whose rights needed protecting.
After working as a solicitor in Ireland, I had the opportunity to spend a little time in Bosnia-Herzegovina, a post-conflict country where the legal order and the court system had been devastated by war, and where international agencies and civil society were working together to rebuild the rule of law and protect human rights. I was appointed to manage a regional human rights and rule of law office in Mostar, Bosnia and Herzegovina. Within the space of a few months, this work confirmed my passion for international human rights, academically and practically, and it very much set me on a path for the rest of my career so far.
Your doctoral research at the Irish Centre for Human Rights at University of Galway focused on completion strategies of international tribunals. How did that academic work influence your practical approach in judicial settings?
I acquired a lot of knowledge about the Rules of Procedure and Evidence as well as case law of the International Tribunal for the former Yugoslavia, the International Tribunal for Rwanda, and the Special Court for Sierra Leone. I also observed the changing attitudes of UN Member States towards the Courts, at various stages throughout their existence. Also, in researching and writing my PhD, I certainly improved my abilities to analyse large volumes of complex information and formulate clear opinions and arguments about topics. The legal knowledge I obtained enabled me to design the Residual Special Court for Sierra Leone and manage the set-up of the Kosovo Specialist Chambers. It also enables me to contribute to discussions about the Rules of Procedure and Evidence. My awareness of Member States assists me in my diplomatic work, including fundraising and briefing States.
What role do institutions like our Irish Centre for Human Rights play in shaping the next generation of legal professionals working in international justice?
The ICHR and similar institutions play a huge role in educating highly qualified young people to contribute to International Criminal Justice. The ICHR in particular has a great reputation internationally as a centre of excellence for training legal professionals in this field. I think this starts with a strong faculty and a diverse range of students.
It stems from an approach that gives equal weight to both the theory and the practice of international human rights law, because this is a field that is constantly developing both in theory and jurisprudence, as well as in terms of the institutions and actors working to protect rights and deliver accountability.
ICHR faculty and students regularly visit The Hague, including the Kosovo Specialist Chambers, which is the institution that I manage. We are always anxious to receive applications for internships and positions from graduates who, by virtue of their experience at ICHR, are solid academically and have a foundation in and familiarity with the practice of human rights law.
You’ve held senior positions in multiple international criminal tribunals. How did your education in the ICHR, and your later experiences in Bosnia and Sierra Leone, inform your approach to justice and court administration?
The ICHR PhD community was fantastic, and the faculty did an excellent job bringing all of us together to hear about and discuss each other’s research. The PhD seminars were academically rich and also very social! I learned from other PhD candidates, and our exchanges certainly helped me shape my PhD. From the ICHR, as well as my career spanning many post-conflict countries, I know it’s OK if people don’t agree with you. What’s important is understanding why they don’t have the same position as you. Just like a solid PhD seminar discussion, listen to people; you might change your opinion, you might not! Overall, make what you think is the right decision and move forward.
As the first Registrar of the Kosovo Specialist Chambers, you oversee the administration and judicial support functions of the court. What does a typical day in your role look like?
A typical day is very dynamic, very busy, and very diverse. The Registry carries out many judicial support services that a Ministry of Justice in a domestic system would provide. So, as the Registrar, I have overall responsibility for managing the detention facility in The Hague, for protecting and supporting witnesses, for overseeing the system of victim participation, for running a legal aid system for indigent defendants, and for operating the court management and language services that support the trials. On top of this, I’m also responsible for ensuring the sound financial management of a biennial budget of €115,739,000 from our funders. This diverse range of work is why I love my job and part of the reason why I feel so privileged to do what I do.
The Specialist Chambers were set up to prosecute serious crimes related to the Kosovo conflict. How does the court support victims and witnesses throughout legal proceedings?
The protection of witnesses has been a central priority of the Kosovo Specialist Chambers since the court’s establishment. A history of witness intimidation and influencing in similar cases to those dealt with by the Specialist Chambers was one of the reasons Kosovo and the EU agreed to hold proceedings in a third state. If witnesses are not free to testify without fear or undue influence, there can be no justice.
A dedicated unit here in The Hague has so far ensured the protection and support of almost 200 witnesses who have testified live across four trials. Support is also a very important element here. It’s not only about the safety of witnesses, which is of course crucial, but also about having psychologists on hand, for example, to address any risk of re-traumatisation. The court also has a legal mandate to hold people accountable for obstruction of justice, which it implements robustly.
Speaking about the victims, people who suffered as a result of the crimes addressed by the court also have the opportunity to participate in proceedings. They are represented by a Counsel paid for by the court, and their rights as participating victims include notification, acknowledgement, and reparation. We have facilitated the participation of 171 victims so far across four cases, and judges have already issued reparation orders for the victims in three cases.
How do you see the relationship between academic research and legal practice evolving in the field of international criminal law?
Academic research and legal practice evolve together dynamically and sometimes in ways that might not come to mind at first.
For example, in addition to academic research on jurisprudence, the institutional characteristics of those legal bodies that implement international criminal law is an incredibly important area. What are the mechanisms of accountability out there? How are they established legally, and what are their institutional features? An ad-hoc institution like the Kosovo Specialist Chambers exists to fulfil a specific mandate and naturally comes to a point of completion. But it can also serve as a great model for future accountability mechanisms. Research that concentrates on this is of tremendous use, not only for academics but also for practitioners with the responsibility to establish new mechanisms.
Academic research can also bring independent voices to this kind of analysis. Accountability is a complex matter and institutions that deliver accountability are subject to critiques, sometimes orchestrated by those with specific agendas in the proceedings. The process of academic review can allow for a more neutral assessment of what is working and what is transferable, because we all share the same goal of protecting people’s rights and establishing precedents of accountability.
