Gabrielle Louise McIntyre

Gabrielle Louise McIntyre is an Australian jurist and the Chef de Cabinet to the President of the International Residual Mechanism for Criminal Tribunals, the successor institution to the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).^[1]

McIntyre previously served as the Chef de Cabinet to four successive Presidents of the ICTY:^[2] Judge Theodor Meron (two periods of two consecutive terms each), Judge Fausto Pocar, and Judge Patrick Lipton Robinson. She also served as the acting Head of Chambers of the ICTY.^[3] An expert in international humanitarian law, international criminal law, and human rights law, McIntyre has published and lectured widely in these fields and participated in numerous judicial trainings in The Hague, the former Yugoslavia, and Sierra Leone.^[4] She has been responsible for a wide range of initiatives aimed at facilitating a greater understanding of international criminal law and the ICTY’s work and legacy, including a series of conferences held in The Hague and countries of the former Yugoslavia.^[5] She has also contributed to a variety of expert projects and undertakings related to the International Criminal Court (ICC) .^[6][7]

McIntyre has an honours degree (First Class) in Law from the University of Adelaide, South Australia, and a master's degree (First Class) in international law from the University of Cambridge, England.^[8] She has previously served as an associate in the Supreme Court of South Australia and as an advisor in the South Australian Attorney-General’s Office.^[9]

Judicial work

During her tenure as Chef de Cabinet at the ICTY, McIntyre drafted, reviewed or revised almost all major judgements and decisions of the ICTY and ICTR Appeals Chambers.^[10] In addition to hundreds of interlocutory, pre-appeal, and presidential decisions, the appeal judgements rendered during her tenure include those in the ICTY cases of Zdravko Mucić et al., Radislav Krstić, Dragan Nikolić, Miroslav Deronjić, Milomir Stakić, Stanislav Galić, Vidoje Blagojević & Dragan Jokić, Fatmir Limaj et al., Enver Hadžihasanović & Amir Kubura, Pavle Strugar, Milan Martić, Ljube Boškoski & Johan Tarčulovski, Ramush Haradinaj et al., Florence Hartmann, Ante Gotovina & Mladen Markač, Momčilo Perišić, and Zdravko Tolimir,^[11] and those in the ICTR cases of Georges Rutaganda, Eliézer Niyitegeka, Elizaphan & Gérard Ntakirutimana, Laurent Semanza, Jean de Dieu Kamuhanda, André Ntagerura et al., Mikaeli Muhimana, Aloys Simba, Ferdinand Nahimana et al., Tharcisse Muvunyi, Léonidas Nshogoza, Simon Bikindi, Siméon Nchamihigo, Yussuf Munyakazi, Théoneste Bagosora & Anatole Nsengiyumva, Aloys Ntabakuze, Justin Mugenzi & Prosper Mugiraneza, Grégoire Ndahimana, Augustin Ndindiliyimana et al., Augustin Bizimungu, Édouard Karemera & Matthieu Ngirumpatse, and Ildéphonse Nizeyimana.^[12]

Before joining the Office of the President of the ICTY, McIntyre served as the legal advisor to ICTY Judge David Hunt (judge) during pre-trial proceedings in the cases of Vidoje Blagojević & Dragan Jokić, Radoslav Brđanin & Momir Talić, Dragan Nikolić, Dragan Obrenović, and Stevan Todorović, trial proceedings in the cases of Milorad Krnojelac and Mitar Vasiljević, and pre-appeal proceedings in the cases of Tihomir Blaškić, Dario Kordić & Mario Čerkez, and Radislav Krstić.^[13]

Judicial election

In 2013, McIntyre was nominated to be a judge at the ICTY.^[14] She was nominated for the position by Saint Vincent and the Grenadines and enjoyed strong support of Australia.^[15] She received 56 votes in the second round of voting at the United Nations General Assembly but lost the election to the Togolese candidate.^[16]

Women’s Initiatives for Gender Justice

McIntyre is the Chair of the Board of Directors of the Women's Initiatives for Gender Justice,^[17] an international women’s human rights organization that advocates for gender justice in international and domestic fora, with a particular focus on proceedings at the ICC.^[18]

Expert Advisory Consultations concerning the International Criminal Court

McIntyre was a member of the panel of independent experts who produced a report in December 2014 designed “to identify, from the point of view primarily of practitioners, the principal problems of effectiveness affecting the work of the Court with a view to offer practical and realistic solutions intended to improve upon the quality, cost and expeditiousness of ICC proceedings.”^[19] McIntyre participated in discussions of the report and related matters at a high-level retreat on strengthening proceedings at the ICC in September 2014.^[20]

In July 2016, McIntyre served on an expert roundtable concerning the proposed methodology of the complementarity project of the International Nuremberg Principles Academy and the Grotius Centre for International Legal Studies.^[21] Her engagement in this project is expected to continue, including through an anticipated assessment of the results and lessons learned from the first studies undertaken in relation to the project.^[22]

Publications and Lectures

McIntyre was a primary drafter and editor of the ICTY Manual on Developed Practices.^[23]

She has also authored articles on human rights and international criminal law and procedure, including “International Residual Mechanism and the Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda” (3 Goettingen J Int’l L 923 (2011))^[24] and “Equality of Arms – Defining Human Rights in the Jurisprudence of the International Criminal Tribunal for the former Yugoslavia” (16 Leiden J Int’l L 269 (2003)).^[25] She is a contributing author to The Oxford Companion to International Criminal Justice^[26] and International Criminal Law Developments in the Case Law of the ICTY.^[27]

McIntyre has given lectures on international humanitarian law, international criminal law and procedure, and international justice generally and about the ICTY in particular, including at the Grotius Centre for International Legal Studies,^[28][29] in Sarajevo,^[30] and in Zagreb.^[31] She has also delivered lectures and been a contributing author to expert papers concerning the ICC.^[32][33] In 2013 she presented on modes of liability at the twelfth session of the ICC Assembly of States Parties.^[34]

References