Job Opening

Posting Title: Legal Officer, P4
Job Code Title: LEGAL OFFICER
Department/Office: United Nations Assistance to the Khmer Rouge Trials
Duty Station: PHNOM-PENH
Posting Period: 24 November 2021 - 08 December 2021
Job Opening Number: 21-Legal Affairs-UNAKRT-169105-R-Phnom-Penh (X)
Staffing Exercise N/A
United Nations Core Values: Integrity, Professionalism, Respect for Diversity
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Org. Setting and Reporting

Under the applicable law, and in accordance with the terms of the Agreement between the United Nations and the Royal Government of Cambodia, the Extraordinary Chambers in the Courts of Cambodia (ECCC) has jurisdiction to try senior leaders and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, during the period of the Khmer Rouge regime from 17 April 1975 to 6 January 1979.

While the ECCC is established as a national court, the Royal Government of Cambodia sought the technical assistance of the United Nations in operating the court. In Resolution A/57/228 and A/57/228B, the General Assembly approved the involvement of the United Nations and endorsed the agreement outlining the arrangements between the two parties. The United Nations Assistance to the Khmer Rouge Trials (UNAKRT) was established in 2005 to provide on-going technical, operational and logistical support to the Royal Government of Cambodia in all aspect of the Court's operations.

To learn more about UNAKRT, please visit our website: http://www.unakrt-online.org.

This position is located in the Office of the Co-Prosecutor (“OCP”) in Phnom Penh.

Responsibilities

Under the direct supervision of the International Co-Prosecutor (“ICP”) the incumbent performs the following duties:

• Serves as a lead officer and independently handles a wide range of multi-discipline and complex legal matters involving issues of international criminal law both substantive and procedural.
• Provides legal advice on diverse substantive and procedural questions of considerable complexity, which may include those related to administration and management, institutions support, procurement and contracts, separately administered programs and funds, criminal investigations and prosecutions, etc.
• Performs extensive legal research and analysis and prepares legal opinions, studies, briefs, reports, indictments and correspondence; provides legal advice to the unit/division.
• Prepares legal submissions/motions as necessary in the course of investigations and prosecutions.
• Services diplomatic conferences, commissions, committees, task forces, expert groups and other bodies, including preparation of background materials, summaries of issues and views of delegations, meeting reports, etc.
• Reviews, advises on and drafts complex contracts, agreements, institutional and operational modalities, or legal motions/submissions and other legal documents; develops new legal modalities to meet unique needs/circumstances.
• Acts on behalf of the Prosecutor as co-counsel in proceedings before Appeal Chambers.
• Serves on various standing boards, committees, ad hoc working groups and task forces, as required; promotes the work of the United Nations and represents the organization at meetings, conferences, seminars, etc.
• Coordinates and directs teams of other legal officers or legal consultants dealing with significant problems as required, and/or mentors and supervises the work of junior officers on specific projects. Assists in the coordination and supervision of any consultants and/or national and international interns providing services to the ICP;
• Contributes to review and design of new, or new applications of, legal instruments, policy, guidelines, etc. Contributes to the review and development of prosecution policy and best practices and to the ICP’s contributions to any revision of ECCC Internal Rules, policy, practices; in the event of a death in ECCC custody, in conjunction with the ICP, carries out the death in custody investigation and drafts the report of that investigation;
• Finalizes all ICP legacy tasks undertaken in 2021, as required, to ensure key OCP work and information is made available to the relevant court stakeholders; analyses and evaluates all issues that affect the responsibilities and obligations of the ICP;
• Undertakes all tasks required to ensure a smooth and effective transition of the OCP physical and electronic archives to the appropriate ECCC legacy bodies as well as to analyze, organize and categorize large amounts of ICP hard and electronic copy information, as relevant and necessary; Drafts all written communications as required, from the ICP, including legal submissions on law, evidence and procedure, internal memos, press releases, outreach materials; and provides legal advice to the ICP on procedural and substantive areas of law as well as on any other matters requiring oral or written communications from the ICP;
• Represents the ICP within and outside the ECCC including ECCC outreach events, as necessary, e.g., in the ICP’s absence or together with the ICP, presenting and advocating the ICP position on any matters that arise relevant to the functioning of the OCP; and
• Performs other duties as assigned.

Competencies

• Professionalism: Knowledge of international legal procedures and instruments, including criminal law, both substantive and procedural. Ability to apply legal expertise to analyzing a diverse range of complex and unusual legal issues and problems and in developing innovative and creative solutions in prosecuting complex criminal cases. Strong analytical skills and ability to conduct comprehensive legal research on a range of issues, including those of a unique and/or complex nature; proficiency in legal writing and expression and ability to prepare legal briefs, opinions, indictments or legal submissions/motions, and a variety of legal instruments and related documents. Ability to lead and cross-examine witnesses and make substantial legal arguments before Chambers of judges, or if required to take responsibility for the prosecution of criminal trials. Discretion and sound judgment in applying legal expertise to sensitive, complex legal issues. Strong negotiating skills and ability to influence others to reach agreement. Ability to work to tight deadlines and handle multiple concurrent projects/cases. Knowledge of contemporary international relations and of UN system, organization and interrelationships. Shows pride in work and in achievements; demonstrates professional competence and mastery of subject matter; is conscientious and efficient in meeting commitments, observing deadlines and achieving results; is motivated by professional rather than personal concerns; shows persistence when faced with difficult problems or challenges; remains calm in stressful situations. Takes responsibility for incorporating gender perspectives and ensuring the equal participation of women and men in all areas of work.

• Accountability: Takes ownership of all responsibilities and honours commitments; delivers outputs for which one has responsibility within prescribed time, cost and quality standards; operates in compliance with organizational regulations and rules; supports subordinates, provides oversight and takes responsibility for delegated assignments; takes personal responsibility for his/her own shortcomings and those of the work unit, where applicable.

• Planning & Organizing: Develops clear goals that are consistent with agreed strategies; identifies priority activities and assignments; adjusts priorities as required; allocates appropriate amount of time and resources for completing work; foresees risks and allows for contingencies when planning; monitors and adjusts plans and actions as necessary; uses time efficiently.

• Managing Performance: Delegates the appropriate responsibility, accountability and decision-making authority; makes sure that roles, responsibilities and reporting lines are clear to each staff member; accurately judges the amount of time and resources needed to accomplish a task and matches task to skills; monitors progress against milestones and deadlines; regularly discusses performance and provides feedback and coaching to staff; encourages risk-taking and supports creativity and initiative; actively supports the development and career aspirations of staff; appraises performance fairly.

Education

Advanced university degree (Master’s degree or equivalent) in international, criminal or comparative law is required. A relevant first level university degree in the above fields in combination with two years of qualifying experience may be accepted in lieu of the advanced university degree.

Job - Specific Qualification

Admission to a national state bar or a national license to practice law is required.

Work Experience

A minimum of seven years of progressively responsible experience in law, including legal analysis, research and writing is required.

Extensive written and oral advocacy and drafting of judicial submissions, concept notes, position papers, reports, including those involving complex legal and factual pleadings, press releases, is required.

Experience in managing, organizing and categorizing large amounts of hard copy and electronic information is required

Experience working with the ECCC substantive and procedural law and practice, and the Khmer Rouge period (1975 – 1979) is desirable

Proven ability to supervise and develop junior interns and consultants is desirable.

Experience in the use of computer software applications, i.e., information databases, Internet/intranet services and library sources, etc. is desirable.

Experience with case mapping software, e.g., Case Map is desirable.

Languages

The working languages of the ECCC are English, French and Khmer. For this post, fluency in English or French is required. Knowledge of another UN Official language is desirable. Knowledge of Khmer is an asset.

Assessment

Qualified applicants may be evaluated through a competency-based interview and/or other assessment methods.

Special Notice

Appointment against this position is limited to the United Nations Assistance to the Khmer Rouge Trials (UNAKRT). Issuance of appointment is contingent upon dismissal of pre-trial cases 003 and 004, abolishment of all international ICP staff posts as of 31 December 2021 and availability of funds and extension of mandate.

The initial appointment will be for a period of one year; an extension is subject to the extension of the mandate of UNAKRT, the availability of funding and/or individual performance.

The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs. (Charter of the United Nations - Chapter 3, article 8). The United Nations Secretariat is a non-smoking environment.

United Nations Considerations

According to article 101, paragraph 3, of the Charter of the United Nations, the paramount consideration in the employment of the staff is the necessity of securing the highest standards of efficiency, competence, and integrity. Candidates will not be considered for employment with the United Nations if they have committed violations of international human rights law, violations of international humanitarian law, sexual exploitation, sexual abuse, or sexual harassment, or if there are reasonable grounds to believe that they have been involved in the commission of any of these acts. The term “sexual exploitation” means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. The term “sexual abuse” means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. The term “sexual harassment” means any unwelcome conduct of a sexual nature that might reasonably be expected or be perceived to cause offence or humiliation, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment, and when the gravity of the conduct warrants the termination of the perpetrator’s working relationship. Candidates who have committed crimes other than minor traffic offences may not be considered for employment.

Due regard will be paid to the importance of recruiting the staff on as wide a geographical basis as possible. The United Nations places no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs. The United Nations Secretariat is a non-smoking environment.

The paramount consideration in the appointment, transfer, or promotion of staff shall be the necessity of securing the highest standards of efficiency, competence, and integrity. By accepting an offer of appointment, United Nations staff members are subject to the authority of the Secretary-General and assignment by him or her to any activities or offices of the United Nations in accordance with staff regulation 1.2 (c). In this context, all internationally recruited staff members shall be required to move periodically to discharge new functions within or across duty stations under conditions established by the Secretary-General.

Applicants are urged to follow carefully all instructions available in the online recruitment platform, inspira. For more detailed guidance, applicants may refer to the Manual for the Applicant, which can be accessed by clicking on “Manuals” hyper-link on the upper right side of the inspira account-holder homepage.

The evaluation of applicants will be conducted on the basis of the information submitted in the application according to the evaluation criteria of the job opening and the applicable internal legislations of the United Nations including the Charter of the United Nations, resolutions of the General Assembly, the Staff Regulations and Rules, administrative issuances and guidelines. Applicants must provide complete and accurate information pertaining to their personal profile and qualifications according to the instructions provided in inspira to be considered for the current job opening. No amendment, addition, deletion, revision or modification shall be made to applications that have been submitted. Candidates under serious consideration for selection will be subject to reference checks to verify the information provided in the application.

Job openings advertised on the Careers Portal will be removed at 11:59 p.m. (New York time) on the deadline date.

No Fee

THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.

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