{"id":144635,"date":"2025-04-25T11:12:55","date_gmt":"2025-04-25T09:12:55","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=144635"},"modified":"2025-04-25T11:12:57","modified_gmt":"2025-04-25T09:12:57","slug":"harassment-icc-defence-lawyer-heavily-sanctioned","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/144635-harassment-icc-defence-lawyer-heavily-sanctioned.html","title":{"rendered":"Harassment at the ICC: a defence lawyer heavily sanctioned"},"content":{"rendered":"\n

The Disciplinary board for counsels of the International Criminal Court (ICC) has pronounced its heaviest sanction ever: an 18-month suspension for Jennifer Naouri, the head of the defence team in the ICC\u2019s last ongoing trial. The case sheds light on the harassment and though working conditions at the ICC, while the Court's Prosecutor is also under investigation for alleged sexual misconduct<\/a>.<\/p>\n\n\n\n\n\n\n\n

On 11 April 2025, after four days of hearing, the three members of the disciplinary board of the International Criminal Court (ICC)<\/a> entered the Press Briefing Room of The Hague court, arranged as a courtroom. Dressed in their lawyer\u2019s black gowns, they sat at the higher table. In front of them, the commissioner and the defence sides, with Jennifer Naouri sitting next to her lawyer. \u00a0<\/p>\n\n\n\n

The board found the defence lawyer guilty of \u201cinappropriate behaviour\u201d and \u201cdamaging the reputation of the Court\u201d in the period from 2018 to 2022, and decided to suspend her from practicing before the court for 18 months. This is the heaviest sanction ever pronounced for such a case. Since its first case in 2010, the board has adjudicated about a dozen cases: the minimum sentence has been an admonishment and the maximum sentence a three months\u2019 suspension.<\/a><\/p>\n\n\n\n

\u201cThe decision brings up a lot of emotions, we are still processing it,\u201d says BL, one of the plaintiffs, who asked to remain anonymous. \u201cWe hope that the sanctions will be sufficient to prevent Naouri from reiterating similar acts as we are concerned for the people working for her.\u201d<\/p>\n\n\n\n

Naouri is presently the senior defence lawyer of Mahamat Said Abdel Kani<\/a>, a Seleka commander from the Central African Republic, whose trial is the only ongoing trial before the ICC at the moment: its defence phase has just begun with so far only one hearing on 17 March 2025. Before this trial, she was one of the defence team of Laurent Gbagbo<\/a>, the former president of the Ivory Coast who was acquitted by the ICC in 2019.<\/p>\n\n\n\n

\u201cProfond trauma\u201d<\/h2>\n\n\n\n

The disciplinary committee says its decision was motivated by the \u201cextreme gravity\u201d of the acts committed by the counsel and the \u201cprofound trauma these have caused to the victims - some of whom continue to suffer to this day\u201d. Naouri faced several charges, including moral harassment and abuse of authority, for which she was found guilty. She was also accused of fraud, for allegedly manipulating the timesheets, and breach of confidentiality, for which the board\u2019s three lawyers decided she was not guilty.<\/p>\n\n\n\n

\u201cWe are disappointed by the decision. We have the feeling that the Committee did not understand the reality of the situation that we tried to show,\u201d says Naouri\u2019s defence lawyer, Philippe-Henry Honegger. According to him, Emmanuel Altit, the lead defence counsel in the Gbagbo case<\/a>, \u201cis responsible from a factual and judicial point of view\u201d.<\/p>\n\n\n\n

Depending on the motivation given by the board in the next two weeks, we will decide whether to appeal the decision or not, says Honegger. He will have one month<\/a> to do so.<\/p>\n\n\n\n

A complaint by 14 people filed in 2023<\/h2>\n\n\n\n

The Disciplinary board<\/a> has three members, two of whom are permanent and one ad hoc. The two permanent members are elected for four years by all counsels entitled to practise before the Court. The ad hoc member is appointed by the national authority competent to regulate and control the activities of counsel subject to the disciplinary procedure. Currently, these three members are Vincent Asselineau, Philippe Larochelle and Emmanuel Molina (ad hoc member). The board is responsible for deciding on the misconduct of all lawyers at the ICC \u2013 whether they are defence or victims\u2019 lawyers \u2013 under the Code of Conduct for counsels<\/a>.<\/p>\n\n\n\n

The seeds for this case were planted in April 2022, when Naouri was invited to a War Crimes Conference of the International Bar Association to talk about a healthy workplace environment. Following the invitation, the organisers received a letter signed by the 14 plaintiffs in the current case, sharing their experience working for Naouri. These former case managers, assistants and trainees in the defence teams of the Gbagbo and Said cases got organised, and on 17 April 2023, they filed a complaint with the ICC Registrar. The matter was then brought before the commissioner, who is responsible for investigating such cases and bringing them before the disciplinary committee if there is enough evidence. Commissioner Catherine Mabille, with the help of lawyer Marc Desalliers who worked as the \u201cprosecution\u201d of this case and proceedings, sent her report in July 2024.<\/p>\n\n\n\n

At the start of the proceedings, Mabille said this case is unique: \u201cSuch a case file has never been seen, for the number of victims and the length and importance of the evidence, we had 6,000 pages.\u201d The initial complaint covered the period from 2012 to 2022. However, the board only has jurisdiction from August 1, 2018, when Naouri was promoted to defence counsel. Before then, she worked as a case manager and legal assistant. As a result, only 8 of the 14 victims \u2013 including 13 women and 1 man \u2013 were admissible in that time frame, while the others provided contextual elements.<\/p>\n\n\n\n

\u201cPsychologically mutilated\u201d victims<\/h2>\n\n\n\n

As the public hearing unfolded from 7 to 11 April 2025, around 30 people filled the gallery daily, including the victims and their partners and other ICC lawyers who were aware of the situation. A suspended silence took over the room during the closing remarks on 10 April. Mabille spoke about excessive working hours, constant availability and little to no time off for an insufficient salary. The victims were \u201ctotally exhausted\u201d, she said, as she detailed the micromanagement that Naouri put in place in the team. The victims, many of whom worked as case managers, were the ones to have access to the ICC incoming emails and were tasked with forwarding her all emails within 10 minutes, even on weekends. They also had to let Naouri verify all of their correspondence, except some IT emails.<\/p>\n\n\n\n

\u201cThis made me most angry. Young women come to the ICC with great enthusiasm and dreams, and what happens? They are psychologically mutilated, harassed, they are told that they cannot understand the dossier and cannot analyse all the dangers, so they can only obey,\u201d Mabille said. According to the Commissioner, despite Altit being the lead counsel in the Gbagbo case, it was Naouri who assigned the tasks.<\/p>\n\n\n\n

\u201cThe modus operandi was terrifying\u201d<\/h2>\n\n\n\n

Mabille went on talking about Naouri\u2019s manipulation, humiliation, and denigration of the victims, and the frequent shouting episodes, at the ICC and over the phone: \u201cThere was a catastrophic climate in the team because they were constantly vigilant for the next crisis.\u201d She sometimes shared inappropriate personal information with them and often made comparisons, valorised some and criticised others, argued Mabille. \u201cThe modus operandi was terrifying.\u201d Mabille added that four plaintiffs said this behaviour during the Gbagbo case also happened in the Said Abdel Kani case. \u201cThe victims told me that they are doing this not to take revenge but because they don\u2019t want other victims to experience the same thing.\u201d<\/p>\n\n\n\n

Naouri first learnt about the complaint in 2022, commented Mabille, and yet in 2024 and 2025, two more people working on the Said case took leave because of her management.<\/p>\n\n\n\n

Naouri and Altit: \u201cShe was his slave\u201d<\/h2>\n\n\n\n

According to Naouri\u2019s defence lawyer, the \u201creal responsibility\u201d lies with Altit, who put the system of micromanagement in place. She was \u201cin the grip of Altit\u201d, who controlled her 8 hours per day on Skype and called her during holidays and even funerals, Honegger said. As Naouri started crying, and Honegger went on, saying that \u201cshe was his slave. The slave is not responsible, the owner is responsible.\u201d He added that Naouri suffered from post-traumatic stress, so she was in an altered mental state.    <\/p>\n\n\n\n

Honegger continued by arguing that the evidence brought only covered a few months or years and did not constitute harassment. He said that the Gbagbo and Said teams were not \u201ccomparable\u201d. While in the first one, there were \u201cstructural problems\u201d for which Altit should be held responsible, in the second one, the conditions are good. During his statement, he blamed the \u201cunbearable\u201d working conditions at the ICC - where there is a very limited budget to deal with the \u201cmost traumatic cases of humanity\u201d -, for the burnouts.<\/p>\n\n\n\n

\u201cI lived in constant fear\u201d<\/h2>\n\n\n\n

Six of the plaintiffs, all women, testified on 7 April 2025. All said they had almost no contact with Altit, and that all communications with him had to be first authorised by Naouri and then reported to her. They said they were isolated, as all relations with other people inside and outside the court were discouraged and scrutinised. PL, one of the victims, talked about Naouri\u2019s screaming episodes: \u201cI lived in constant fear of crises; they were impossible to predict because they could be caused by anything\u201d, she said in tears.<\/p>\n\n\n\n

Another victim, EC, said all the case managers were scolded via email because one of them wrote \u201cil\u201d (the French word for \u201che\u201d) instead of \u201celle\u201d (\u201cshe\u201d) in a document. She was told that nobody could make decisions apart from Naouri and Altit and that the integrity of the case could suffer. \u201cBeing constantly questioned prevents us from thinking and working and is humiliating and very degrading,\u201d she said. EC was 26 at the time she worked on the Gbagbo case. She recalled a 2019 episode involving the filing of defence submissions that led to her resignation. After what she saw as a mistake, Naouri called her. She asked EC repeatedly, \u201cWho are you? Who are you?\u201d until she finally replied, \u201cI am nobody\u201d. EC pauses, shaken by sobs, her hands gripping the arms of the chair tightly.<\/p>\n\n\n\t

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Working under Naouri had a long-term impact on their self-confidence and psychological health, said most of the victims. Some went to therapy and were diagnosed with post-traumatic stress, depression and burnout. PL recounts being constantly \u201cexhausted\u201d. \u201cI had lost all control of myself and no longer recognised myself, I could not imagine a future,\u201d she said in tears. Some victims decided to leave the international criminal law field. They also testified that they had lost all sense of normality in the workplace.<\/p>\n\n\n\n

\u201cThe hardest part is that we were set for failure all the time. You were given contradictory instructions; if you asked for information, you were yelled at, if you didn\u2019t, you were yelled at. There was just no way out,\u201d says PL to Justice Info. EC recounts often working until 3 or 4 am: \u201cWe would leave the Court sometimes when the sun was rising\u201d, and they were back in the office at 9 am. Both victims explain that they had to abide by precise rules: have their hair up and wear no lipstick or earrings in Court. \u201cAfter leaving, I apologised to my following counsel because I couldn\u2019t find something to tie my hair and he said so?\u201d, says PL.<\/p>\n\n\n\n

A second board witness, a jurist who was part of the Said team until she went on medical leave in the summer of 2024, could not come in person. Her doctors said that she was not fit to testify about her former working conditions.<\/p>\n\n\n\n

On 8 and 9 April 2025, seven defence witnesses were heard, who testified about Altit\u2019s treatment of Naouri. Altit himself, who is not called to account by the disciplinary board, was then called to testify as a disciplinary board witness to determine what was her room for manoeuvre as part of the team. Justice Info was not present to attend these hearings.<\/p>\n\n\n\n

\u201cI was a prisoner\u201d<\/h2>\n\n\n\n

On 10 April 2025, it was Naouri\u2019s turn to testify. The seasoned laywer and former president of the International Criminal Court Bar Association (ICCBA) sat on the table facing the board. \u201cWhy does the defence focus primarily on Altit when the subject of this case is your behaviour towards the witnesses?\u201d asked the Commissioner. Naouri replied that her behaviour was the result of his harassment. \u201cI was a prisoner\u201d, she said, crying and holding her head in her hands. \u201cYou ask me why this is my defence? It\u2019s the only defence I have, it\u2019s my reality.\u201d  <\/p>\n\n\n\n

Mabille then referred to part of Naouri\u2019s written statement, \u201cI am the main victim of this toxic management and despite myself, I am the executor\u201d, and asked whether she still considers herself the main victim. Voice broken by sobs, she said that in the Gbagbo team it was \u201chorrible for them [the victims] but for me too\u201d. After a short break in the proceedings to allow Naouri to calm down, Mabille asked her whether she recognised the victims\u2019 suffering in both trial teams. \u201cI\u2019ve never denied it\u201d, said Naouri, and added that while in the Gbagbo case, the problems were structural, in the Said one, she recognised their suffering but not the harassment. She added that she has started therapy.   <\/p>\n\n\n\n

Different proceedings<\/h2>\n\n\n\n

The disciplinary committee issued several recommendations to Naouri. She is asked to make \u201cevery effort to adopt alternative management methods\u201d, to receive psychological support and undergo \u201cin-depth training in professional management methods\u201d. She was also sanctioned to pay for the proceedings, together with the ICC. \u201cThis is based on evidence in the case file that demonstrates the court\u2019s registry and CSS\u2019s [the Counsel Support Section] knowledge of the accusations against Ms. Naouri.\u201d<\/p>\n\n\n\n

One of the victims who worked in the Said team in 2021, VA, testified that at the time of the facts, she went to speak to the Counsel Support Section (CSS), which took no action and discouraged her from bringing the case forward. \u201cThe support staff was left in a highly vulnerable position\u201d, says PL to Justice Info. External staff at the ICC are not protected under the same regulation as the internal one. She explains that initially, Naouri was also part of the International Criminal Court Bar Association (ICCBA), so they did not feel like they could go to them. The board also gave several recommendations to the court\u2019s services, asking counsels to \u201cundergo mandatory and recurring ethics training to avoid any deviant behaviour\u201d and the Registry and the CSS to report possible violations.<\/p>\n\n\n\n

Only in 2022, after years of petitioning by senior defence lawyers, were the Registry\u2019s administrative instructions<\/a> updated to address moral and sexual harassment and abuse of authority for counsels.<\/p>\n\n\n\n

\u201cThis was a very painful process\u201d, says PL to Justice Info. It was stressful to go and tell our story, but it was also painful and a bit humiliating to hear the defence line. Jennifer never apologised for what she did.\u201d<\/p>\n\n\n

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<\/p>\n","protected":false},"excerpt":{"rendered":"

The Disciplinary board for counsels of the ICC has pronounced its heaviest sanction ever: an 18-month suspension for Jen-nifer Naouri, the head of the defence team in the ICC\u2019s last ongoing trial. <\/p>\n","protected":false},"author":97,"featured_media":144625,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[562],"tags":[],"ji_location":[2567],"class_list":["post-144635","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-icc","ji_location-international"],"acf":[],"yoast_head":"\nHarassment at the ICC: a defence lawyer heavily sanctioned<\/title>\n<meta name=\"description\" content=\"The Disciplinary board of the International Criminal Court has pronounced its heaviest sanction ever: an 18-month suspension for Jennifer Naouri, the head of the defence team in the ICC\u2019s last ongoing trial.\" \/>\n<meta name=\"robots\" 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sanctioned","isPartOf":{"@id":"https:\/\/www.justiceinfo.net\/en\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.justiceinfo.net\/en\/144635-harassment-icc-defence-lawyer-heavily-sanctioned.html#primaryimage"},"image":{"@id":"https:\/\/www.justiceinfo.net\/en\/144635-harassment-icc-defence-lawyer-heavily-sanctioned.html#primaryimage"},"thumbnailUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Lawyers-arguing_Justice-Info-Shutterstock-IA-generated.jpg","datePublished":"2025-04-25T09:12:55+00:00","dateModified":"2025-04-25T09:12:57+00:00","description":"The Disciplinary board of the International Criminal Court has pronounced its heaviest sanction ever: an 18-month suspension for Jennifer Naouri, the head of the defence team in the ICC\u2019s last ongoing 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