Since the full-scale Russian war against Ukraine started, the UBA has received support from many international bar associations and international institutions. In the summer, we opened our doors to individual international participation so that foreign lawyers can support the association in its fight on the legal front.

We are so proud that lawyers from many countries are now part of our association. They  share our values and are ready to fight for the rule of law.

To tell about lawyers who joined the UBA, we are starting a series of introduction articles with our International participants.

Today, we are excited to introduce our International Participant, Toby Cadman. Toby is the Co-founder of The Guernica 37 Group and Joint Head of Guernica 37 Chambers. He is an established international law specialist in the areas of international criminal and humanitarian law, international terrorism, international commercial law, arbitration, anti-corruption, extradition and mutual legal assistance, and human rights law. He lectures extensively on international criminal law, criminal procedure and human rights law and has provided extensive advice and training to judges, prosecutors, lawyers and law enforcement agencies throughout the Balkans, Middle East, North Africa and South Asia.

Toby advises on judicial reform, legislative drafting and institution building in Albania, Bahrain, Bangladesh, Bosnia and Herzegovina, Burma (Myanmar), Croatia, Lebanon, Macedonia, Montenegro, Syria and Tunisia.

Toby’s particular area of expertise is international legal obligations and the UN system of protection and in particular pursuing complaints before the UN Special Procedures Branch.

We asked Toby to answer a few questions about his participation in the UBA and the future of the profession.

Why did you decide to join the UBA as an International Participant?

– I have practised as an international lawyer for 21 years. I am committed to the pursuit of truth, justice and accountability and the strengthening and enforcement of the Rule of Law. The Russian aggression against the Ukrainian people is an affront to everything that I believe in and the perpetrators must be held accountable through a judicial process that is independent, transparent and legitimate. I joined the UBA as an international participant as I wish to support the important work of the UBA and provide assistance as required in any way I can.

In your opinion, what are the biggest challenges before the legal profession today?

The legal profession is under attack the world over.  There are financial restraints, attempts to undermine the rule of law, attacks on the independence of the judiciary.  In the Ukrainian context the challenges are greater. There are unrealistic expectations to prosecute all those persons who have committed war crimes, crimes against humanity and genocide in Ukraine. The challenge for Ukraine will be the strengthening of its domestic institutions, managing the international support, and maintaining the support of civil society.  What is needed is a realistic strategy on how and what to prosecute and how to communicate that to the public. It needs to be recognised that not every war crime will be prosecuted, and that due to limited resources, matters will need to be selected and prioritised based on transparent and defendable criteria.  It will also need to be recognised that it will take years and there should not be a rush to judgment.  The strengthening of national legal institutions is what is needed right now.

What do you think the legal profession will look like in the future?

That is the most difficult question to answer. I can say what it should look, but it is difficult to say what it will look like, as so much is uncertain.  It will need to be modernised.  Organised and accountable.  Professional and ethically robust. Members of the legal profession will need to be trained in new areas of law, such as international humanitarian law and international human rights law. The UBA should strengthen its association of bar associations around the world, that will assist in the development of the UBA and its members.  As a member of the English Bar and an International Participant of the UBA I stand ready, as do many other lawyers like me, to assist the UBA in strengthening and empowering the legal profession to meet the real demands it now faces during a time of illegal aggression.