Gabrielle Louise McIntyre (Australian) is an international legal practitioner, jurist, and served as the Chairperson of the Seychelles' Truth, Reconciliation and National Unity Commission.
Many concerned allegations of enforced disappearance, unlawful killing, torture and discrimination perpetrated by former Presidents France Albert René and James Michel, as well as senior officials in the army, state security and the police, some of whom still retained their positions within Government.
[16] The Final Report includes 371 individual written determinations on the complaints filed, and volumes dedicated to the historical context, the commission's amnesty proceedings, reparations, and a list of recommendations to Government to guarantee non-repetition.
During her tenure as Chef de Cabinet at the ICTY, McIntyre managed numerous appeals proceedings, providing judicial support in court and devising solutions to the full ambit of procedural issues with a view toward preparing a case for hearing and eventual judgement.
[1] In addition to hundreds of interlocutory, pre-appeal, and presidential decisions — dealing with a host of procedural and substantive matters, including immunity of defence counsel, rights of self-representation, provisional release, issuance of subpoenas, admissibility of evidence, delayed disclosure, the legality principle, clarifying elements of offences, fairness of time allocations, equality of arms, remuneration of defence counsel, and contempt and false testimony — 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,[19] 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.
Before joining the Office of the President of the ICTY, McIntyre served as the legal advisor to ICTY Judge David Hunt (judge) and assisted with the management of pre-trial proceedings in the cases of Vidoje Blagojević & Dragan Jokić, Radoslav Brđanin & Momir Talić, Dragan Nikolić, Dragan Obrenović, and Stevan Todorović, providing judicial support in court and drafting many procedural and substantive decisions on procedural matters, including the form of the indictment, the scope of prosecutorial disclosure obligations, and standards to be established prior to issuance of protective measures and rights to Counsel.
McIntyre also managed the trial proceedings in the cases of Milorad Krnojelac and Mitar Vasiljević, providing in-court judicial support, assisting in the management of huge volumes of evidence, conducting evidentiary assessments, and drafting the judgements, and she was also instrumental in ensuring the efficient conduct of pre-appeal proceedings in the cases of Tihomir Blaškić, Dario Kordić & Mario Čerkez, and Radislav Krstić, including advising on the disposition of motions for the admission of additional evidence on appeal and clarifying the applicable legal framework.
[21] During her long tenure at the ICTY and then the Mechanism, McIntyre has served as a principal legal advisor on a wide range of matters pertaining to the leadership of these institutions.
She has also led numerous practical judicial trainings in The Hague, the former Yugoslavia, and Sierra Leone, sharing her expertise with national judiciaries[2] In addition, McIntyre assisted international prosecutors in the preparation of war crimes cases for trial in the civil law jurisdiction of Kosovo while assigned to the United Nations Mission in Kosovo as the Head of the War Crimes Department, appearing in court alongside the prosecutors.
In this role, she also worked with local national authorities on a range of transitional justice measures aimed at ensuring accountability and supporting peace-building initiatives.
[33] In 2018, her essay on the ICC's treatment of crimes of sexual and gender-based violence was published by the American Journal of International Law as part of its Symposium on the Rome Statute at Twenty.
[35] In 2021, McIntyre's article The ICC, Self-created Challenges and Missed Opportunities to Legitimize Authority over Non-states Parties was published in the Journal of International Criminal Justice.
[41] She also took part in an expert seminar at the Hague Institute for Global Justice concerning efficiency at the ICC in 2014, addressing issues related to victim participation.
[47] In April 2019 McIntyre moderated an event organised by the Assembly of State Parties Co-Focal Points for Complementarity Facilitation on completion strategies across ICC activities.
In December 2021, McIntyre presented 'No Women or Girls Left Behind: Programming Through a Gender Lens' to the Assembly of State Parties in an event organised by the Trust Fund for Victims.
[51] Later that same year she delivered remarks and moderated a panel in The Hague on Efforts to End Impunity: National and International Perspectives of the Prosecution of Sexual and Gender-based Crimes.
[52] In December 2020, she participated in a panel discussion during the ANZIL Zoom Keynote Lecture Series, entitled "The International Criminal Court: Threats, Challenges, and Opportunities.