(He is the sole international lawyer to represent the Commanders on both sides of a conflict. Representing Momcilo Perisic the Commander of the Former Yugoslavia Army (VJ) and Sylejman Selimi the Commander of the Kosovo Liberation Army (KLA).
He is former President of the Association of Defence Counsel Practicing Before the International Criminal Tribunal for the Former Yugoslavia (ADC-ICTY). He presently serves on the Advisory Panel to the President of the UN International Residual Mechanism for Criminal Tribunals (IRMCT) and was recently appointed as a representative on the Mechanism’s Disciplinary Panel.
Known for his incisive strategic thinking he is often enlisted to provide expert guidance to legal counsel and teams in their work. He has lectured on international law at universities in the United States and Europe and has provided substantive and practice-oriented training to lawyers in the United States, at the ICTY, at the International Criminal Court (ICC), the Special Tribunal for Lebanon (STL) and the Balkans including Serbia, Bosnia-Herzegovina, Montenegro and Kosovo.
Notable International Cases
Prosecutor v Momicilo Perisic (ICTY Case No. IT-04-81; command responsibility case involving charges of genocide, crimes against humanity, war crimes); Defence counsel ---Acquitted all counts on appeal.)
Prosecutor v Ramush Haradinaj et al (ICTY Case No IT-04-84; Joint criminal enterprise case involving war crimes, crimes against humanity); Lead Defence counsel –Acquittal of all 37 counts (2008), Second Acquittal after first retrial in the history of the ICTY on all counts (2012)
Prosecutor v Limaj et al (ICTY Case No IT-03-66; joint criminal enterprise case involving war crimes, crimes against humanity); Lead Defence counsel- Acquitted of 7 of 10 counts (2007)
U.S.A. v Ngoc-Han Nyguyen (United States Federal District Court, Case No. 3-01-3051-13-EMC) First case charging Terrorism in the Northern District of California; Lead Defence counsel; Acquitted of terrorism charges
Kosovo Cases (held in the EULEX War Crimes courts in Kosovo)
SPRK v. Selimi (War crimes and Crimes against Humanity)
SPRK v. Selimi (Drenica 1) (Command responsibility, War Crimes and Crimes against Humanity)
SPRK v. Selimi (Drenica II) (Command responsibility, War Crimes and Crimes Against Humanity)
SPRK v. Rrustem Rukolli (Witness Tampering and Revealing the Identity of a Protected Witness)
Death Penalty cases (United States)
People v Robert Lee (Bobby) Porter (Placer County) (African American accused alleged to be a member of the BGF (Black Guerilla Family) After seven years in litigation the case was resolved by a plea to Voluntary Manslaughter.
People v. Blair SO11636 (Death Penalty Appeal California Supreme Court) (substituted out)
U.S.A. v Savutha Y 2:99CR00149-01 (Eastern District of California) (Originally charged with the death penalty,
U.S.A v. Erick Escalante Torres (Northern District of California) Learned Counsel 5:17-CR 00068-11-EJD-HBL
Mr. Escalante was charged with several offenses including conspiracy to commit murder in aid of racketeering, murder in aid of racketeering, use of firearm in crime resulting in death and various gun and racketeering charges. After several months of pretrial litigation, the Department of Justice decided not to seek the death penalty.
Federal Experience includes, but not limited to, the following trials:
U.S.A. v Philip Marsh et al (Greg Galaski, Case No CR-93-00592-VRW) (Pilot Connection Society- Largest Tax protest prosecution in the history of the United States) Tried twice. Mr. Galaski was acquitted at the end of the re-trial.
U.S.A. v Calvin Robinson et al (Wes Bastin) (The Drug Tug case involving the importation of 50 tons of hashish into the San Francisco Bay)
U.S.A. v Ngoc-Han Nyguyen (Terrorism) (This case involved the attempted self-immolation of a political activist who traveled from France to San Francisco to protest the North Vietnamese government during a conference involving numerous North Vietnamese officials. This was the first case charging Terrorism in the Northern District of California). (acquitted of Terrorism,)
Mr. Guy-Smith has also served as lead counsel in numerous trials involving Bank Robbery, Fraud, Contempt, Drug Distribution and has been involved in several cases that have settled before trial involving importation and distribution of controlled substances, gang allegations, conspiracy and fraud.
Presidential Commendation for outstanding service, in the practice of international law, to the goals and objectives of liberty: awarded by the National Association of Criminal Defense Lawyers (NACDL), USA, conferred July 2013, San Francisco.
The International Crimes Act of 1973 and Related Issues (Bangladesh) 2011
Manual on International Criminal Defence: ADC-ICTY Developed Practices, published by OSCE, ODIHR, UNICRI as part of the War Crimes Justice Project and funded by the European Union (UNICRI, ADC-ICTY, OSCE, ODIHR 2011, Turin, Italy). Author of three chapters: “Burden of Proof and Presumption of Innocence, “Sentencing”, and “Post Conviction.” This Manual is a practice-oriented resource reflecting lessons learned and developed practices, written by defence counsel at the ICTY. It has been translated into Bosnian/Serbian/Croatian and Albanian. Project currently underway for translation into French.
Speeches /Seminars/ Lectures International Criminal Law include
ODIHR/OSCE: War Crimes Justice Project Phase II – Lawyer Training in Prizren and Pristina, Kosovo
University of Fribourg: Defending Accused Persons in War Crimes Trials (ICTY)
ODIHR/OSCE War Crimes Justice Project Phase II: Podgorica, Montenegro Peer to Peer Conference
ODIHR/OSCE War Crimes Justice Project Phase II: Lawyers Training in Puja and Pristina Kosovo
Youth Initiative for Human Rights (ICTY)
Irish Center for Human Rights and Brunel University
Exeter University (ICTY)
Chatham House, Revolution in the Air Conference, Panel Member on The Right to Rebel
Asser Institute, Inside International Justice
University of St Louis (ICTY)
University of Santa Clara Musings on the Defence Function in International Criminal Law (ICTY)
Conceptual Development of International Criminal Law in the Context of the Establishment of the Special Tribunal for Lebanon lecture to Deans and Professors of Lebanese Law Schools (STL)
Equality of Arms and Cross Examination practices at the ICTY, for University of Belgrade Law Students
Lecture on the adversarial system and its application to International Criminal Law at the ICTY for Editors and Journalists from Serbia at the (ICTY)
Saint Louis University Center for International and Comparative Law (ICTY)
University of Santa Clara The Evolution of the Defence in International Criminal Law (ICTY)
Safeguarding Equality of Arms and Respect of other fair trial principles for the Accused: Lebanese lawyers Association
Hague Forum on Judicial Expertise- (Rwandan Judiciary) Meeting International Fair Trial Standards: The Rights of the Accused
OSCE- War Crimes Justice Project – Presentation of ADC-ICTY Defence Manual (Sarajevo)
Hague Lecture for the Extraordinary Chamber Court of Cambodia: Safeguarding Equality of Arms and- Respect of Other Fair Trial Principles for the Accused
Special Tribunal for Lebanon- Office of the Defence
International Criminal Court, The Hague
International Criminal Tribunal for the Former Yugoslavia, The Hague
International Judicial Academy, Sir Richard May Seminar, The Hague
OSCE Training for lawyers Palaic Serbia (2009)
Chicago –Kent College of Law and Institute of Technology
Marie Curie Research Course Grotius Centre for International Legal Studies
University of Leiden, Netherlands
University of Utrecht, Netherlands
University of Santa Clara
Netherlands Institute of Human Rights
Golden Gate University
San Francisco State University
ADC defense representative to the Legal Advisory Panel to the International Residual Mechanism for Criminal Tribunals (The Hague) (2013 to present)
Legal Consultant to the Special Tribunal for Lebanon STL (2012 to 2015)
Member of Advisory Panel to the President and Registrar of the ICTY (2012 to present)
Disciplinary Panel member (hearing cases arising from Code of Professional Conduct for Lawyers Practicing at the ICTY) (2012 to present)
Chairperson of the Association of Defense Counsel Practicing at the ICTY Ad-Hoc Post Tribunal Matters Committee (ADC-ICTY) (October 2010)
Member, Disciplinary Council of the Association of Defence Counsel Practicing at the ICTY (ADC-ICTY 2010-2011)
Member, Executive Committee, Association of Defence Counsel Practicing at the ICTY (ADC-ICTY; 2010)
President, Association of Defence Counsel Practicing at the ICTY (ADC-ICTY; 2005 to 2006)
Chairperson, Disciplinary Council of the Association of Defence Counsel at the ICTY (ADC-ICTY; 2004 to 2005)
Chairperson, Constitutional Review Committee, Association of Defence Counsel at the ICTY (ADC-ICTY.
Association of Defence Counsel representative to the ICTY Rules Committee on Rules of Procedure and Evidence (2007-2013; 2017- to present)
Member, International Law Committee (NACDL)
Defence Counsel (List Counsel- Kosovo Specialist Chambers (KSC)
Association of Defence Counsel at the International Criminal Tribunal for the Former Yugoslavia
Defence Counsel (ICC list counsel)
Defence Counsel (STL-list counsel)
Member of Kosovo Bar
National Association of Criminal Defense Lawyers (U.S.A.)
English (mother tongue)
Gregor Guy-Smith is a recognized international criminal lawyer with a global reputation undertaking international legal cases providing advice, consultancy and training services to governments, international organizations, and private clients.
Gregor has represented military leaders, and private clients in complex litigation involving multi-disciplinary and multi-jurisdictional matters. These cases include individuals charged with genocide, murder, terrorism and crimes against humanity, in domestic and international courts. His wide experience includes international extradition requests, securities fraud and death penalty cases. His involvment has been sought in advising international matters before the ICJ and OHCR.