Experience
Placed on loan service in 1995, as a military prosecutor, by the Foreign & Commonwealth Office and the Ministry of Defence to the International Criminal Tribunal for the Former Yugoslavia (ICTY) he investigated and prosecuted the cases of The Prosecutor v. Colonel Ivica Rajic (Stupni Dol), The Prosecutor v. Colonel Tihomil Blaskic, the Prosecutor v. General Radoslav Krstic (Srebrenica)and The Prosecutor v Radoslav Brdanin and General Momir Talic. He retired from the British Army in 1998 and was immediately appointed as prosecuting counsel with the ICTY. In 2001 he was appointed a Senior Trial Attorney of the International Criminal Tribunal for the Former Yugoslavia by Carla Del Ponte, Prosecutor of the ICTY. In that capacity he was responsible for the case against General Ratko Mladic and led the first prosecution of members of the Kosovo Liberation Army.
In February 2005, he was appointed Senior Trial Attorney at the International Criminal Court (ICC) by the Prosecutor Luis Moreno Ocampo. In 2007 after filing the first case for war crimes and crimes against humanity in Darfur he left the ICC and was immediately instructed by Ivan Cermak to defend him in his case before the ICTY and by the former President of Liberia Charles Taylor in his defence before the Special Court for Sierra Leone.
From 2009 to 2013, Cayley was Chief International Co-Prosecutor of the Extraordinary Chambers in the Courts of Cambodia, the Khmer Rouge Tribunal, where he led for the United Nations on the prosecution of the former leadership of the Khmer Rouge for the genocide, extermination and murder of up to two million of their own citizens in Cambodia between 1975 and 1979.
As Director Service Prosecutions, between 2013 and 2020, he was the United Kingdom's Chief Military Prosecutor. In this role he was responsible for the prosecution of members of the Royal Navy, Army and Royal Air Force for serious criminal and service disciplinary offences. He led the legal team which succeeded in closing the ICC's Preliminary Examination of allegations of war crimes by British Forces in Iraq from 2003 to 2009.
Cayley was appointed King's Counsel in 2012. He was appointed Companion of the Order of St Michael and St George (CMG) in the 2014 Birthday Honours for services to international criminal law and human rights. [1] Also in 2014 he became a governing Bencher of the Honourable Society of the Inner Temple. He was appointed Fellow of the Royal Society of Arts in 2017. He is a member of Temple Garden Chambers.
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.
The Bosnian genocide took place during the Bosnian War of 1992–1995 and included both the Srebrenica massacre and the wider crimes against humanity and ethnic cleansing campaign perpetrated throughout areas controlled by the Army of Republika Srpska (VRS). The events in Srebrenica in 1995 included the killing of more than 8000 Bosniak men and boys, as well as the mass expulsion of another 25000–30000 Bosniak civilians by VRS units under the command of General Ratko Mladić.
David John Scheffer is an American lawyer and diplomat who served as the first United States Ambassador-at-Large for War Crimes Issues, during President Bill Clinton's second term in office. He is the Mayer Brown/Robert A. Helman Professor of Law at Northwestern University School of Law, where he directed the Center for International Human Rights from 2006 to 2019.
Goran Hadžić was a Croatian Serb politician and President of the self-proclaimed Republic of Serbian Krajina, during the Croatian War of Independence. He was accused of crimes against humanity and of violation of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia.
The Extraordinary Chambers in the Courts of Cambodia, commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal (សាលាក្ដីខ្មែរក្រហម), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. Although it was a national court, it was established as part of an agreement between the Royal Government of Cambodia and the United Nations, and its members included both local and foreign judges. It was considered a hybrid court, as the ECCC was created by the government in conjunction with the UN, but remained independent of them, with trials being held in Cambodia using Cambodian and international staff. The Cambodian court invited international participation in order to apply international standards.
Robert Petit is a Canadian lawyer who during 2006 and 2009 was the International Co-Prosecutor for the Extraordinary Chambers in the Courts of Cambodia, which is aiming to try Khmer Rouge leaders for violations of international criminal law in Cambodia between 1975 and 1979. He led the investigation and prosecution of five senior most leaders of the Khmer Rouge namely Nuon Chea, Ieng Sary, Ieng Thirith, Khieu Samphan, and Kang Kek Iew. The last was recently convicted for war crimes and crimes against humanity. Petit also initiated the prosecution of five other Khmer Rouge leaders whose cases are still under investigation by the United Nations-backed tribunal.
Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsible for crimes committed by group within the common plan or purpose. It arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia (ICTY) to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars 1991–1999.
The Prosecutor v. Radovan Karadžić was a case before the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands, concerning crimes committed during the Bosnian War by Radovan Karadžić, the former President of Republika Srpska. In 2016, Karadžić was found guilty of 10 of 11 counts of crime including war crimes, genocide and crimes against humanity, and sentenced to 40 years imprisonment. In 2019, the sentence was increased to life in prison.
Radovan Karadžić is a Bosnian Serb politician who was convicted of genocide, crimes against humanity and war crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY). He was the president of Republika Srpska during the Bosnian War.
The siege of Srebrenica was a three-year siege of the town of Srebrenica in eastern Bosnia and Herzegovina which lasted from April 1992 to July 1995 during the Bosnian War. Initially assaulted by the Yugoslav People's Army (JNA) and the Serbian Volunteer Guard (SDG), the town was encircled by the Army of Republika Srpska (VRS) in May 1992, starting a brutal siege which was to last for the majority of the Bosnian War. In June 1995, the commander of the Army of the Republic of Bosnia and Herzegovina (ARBiH) in the enclave, Naser Orić, left Srebrenica and fled to the town of Tuzla. He was subsequently replaced by his deputy, Major Ramiz Bećirović.
Ratko Mladić is a Bosnian Serb former military officer and convicted war criminal who led the Army of Republika Srpska (VRS) during the Yugoslav Wars. In 2017, he was found guilty of committing war crimes, crimes against humanity, and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY). He is serving a life sentence for these crimes in The Hague.
United Nations Security Council resolution 1503, adopted unanimously on 28 August 2003, after recalling resolutions 827 (1993), 955 (1994), 978 (1995), 1165 (1998), 1166 (1998), 1329 (2000), 1411 (2002), 1431 (2002) and 1481 (2003), the Council decided to split the prosecutorial duties of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) which had previously been under the responsibility of one official, Carla Del Ponte, since 1999.
Christoph Flügge is a German jurist and judge. From June 2001 to February 2007, he was Secretary of State in the Department of Justice of the State of Berlin. On 18 September 2008, he was appointed permanent judge at the International Criminal Tribunal for the former Yugoslavia (ICTY). As a result of controversial comments made in 2009, some genocide scholars and victims' groups have accused him of genocide denial in relation to the Bosnian Genocide and more specifically the Srebrenica genocide. He served as a judge in the war crimes trial against Radovan Karadžić, but was removed from the case. In 2011, he was appointed presiding judge in the trial of Ratko Mladić, but there have been calls for his resignation from several Bosnian victims' groups.
The Prosecutor v. Ratko Mladić was a war crimes trial before the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, Netherlands, concerning crimes committed during the Bosnian War by Ratko Mladić in his role as a general in the Yugoslav People's Army and the Chief of Staff of the Army of Republika Srpska.
James Kirkpatrick Stewart is a Canadian lawyer with over thirty years of experience as Crown counsel handling criminal trials and appeals for the prosecution, including more than eight years working with the United Nations in international criminal law prosecutions as a trial and appellate counsel and legal manager. Stewart was nominated by Fatou Bensouda, Prosecutor for the International Criminal Court (ICC) in The Hague, as one of three candidates for election to the post of ICC Deputy Prosecutor (Prosecution). He was duly elected by the Assembly of States Parties on 16 November 2012 for a period of nine years. Mr Stewart was sworn in on 8 March 2013 and as Deputy Prosecutor of the ICC, he will report directly to the Prosecutor.
Joanna Korner is a British judge of the International Criminal Court.
Genocide is the intentional destruction of a people in whole or in part. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group's conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."
Prisca Matimba Nyambe, SC is a Zambian judge who also sits on international tribunals. She is known for dissenting from the majority decisions of the International Criminal Tribunal for the former Yugoslavia (ICTY) judgements which convicted Ratko Mladić and Zdravko Tolimir of war crimes.
Maureen Harding Clark is an Irish judge who served as a Judge of the Extraordinary Chambers in the Courts of Cambodia since June 2019, a Judge of the High Court from 2006 to 2014, a Judge at the International Criminal Court from 2003 to 2006, and a Judge at the International Criminal Tribunal for the former Yugoslavia from 2001 to 2003.
