Guernica 37 Chambers
Barristers
Gus Waschefort
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- Profilewww.guernica37.com
Position
Gus Waschefort is a Member both of the Bar of England and Wales, as well as the Bar of South Africa and a member of Guernica 37 Chambers. Gus has a broad public international law practice, with specific expertise in relation to the African continent. Additionally, he is Associate Professor of International Law at the University of Essex, and is internationally recognised as a leading authority on the law and policy regarding child protection during armed conflict, as well as the regulation of armed conflict in an African context.
Gus was born and raised in South Africa. He commenced his career as a professional photojournalist, working in conflict and post-conflict settings in states such as the DRC, Liberia and South Sudan. As such, his regional expertise on sub-Saharan Africa is informed by two decades' experience traveling and working in more than twenty states across the continent, including in zones of active hostilities.
Career
Gus has a predominantly international focus in his practice. He is currently instructed by the Federal Republic of Nigeria in the ongoing Advisory Proceedings on Obligations of States in respect of Climate Change, before the International Court of Justice (ICJ).
His recent and ongoing work further includes being instructed and/or advising on matters relating to accountability and Rule of Law development in the Gambia; climate litigation in Africa (including the Advisory Proceedings before the ICJ); matters before the European Court of Human Rights and the Kosovo Specialist Chambers; submissions to UN treaty bodies and special procedures; accountability mechanisms in the Middle Eastern context; immunities and privileges before international organizations; sanctions regimes of the EU, US and UK; submissions to the Office of the Prosecutor of the International Court in terms of Article 15 of the Rome Statue; and provision of training and strategic engagement regarding domestic prosecution for atrocity crimes.
Gus aims for synergy between his work as practitioner and his academic work. For example, his recent article published in the European Journal of International Law on the right to life during armed conflict is informed by his experience as advisor to the former UN Special Rapporteur on extrajudicial executions (2010-2013). This included advising on the legality of significant world events, such as the killing of Osama bin Laden, as well as leading a multi-disciplinary investigation into large-scale extra-judicial executions during the closing phases of the Sri Lankan Civil War.
Expertise
Gus has provided legal advice and training to the United Nations, as well as branches of the armed forces, government departments, national human rights mechanisms, and civil society organizations in countries as diverse as Sweden and the Democratic Republic of the Congo. His scholarship is routinely published in leading publications and his book on ‘International Law and Child Soldiers’ (Bloomsbury, 2015) remains one of the leadings texts in this field. Key themes in his practice and published work includes, an African regional understanding of public international law and its development, the nexus between peace and security and environmental protection, the regulation of Armed Conflict, the protection of children during armed conflict, and the enforcement mechanisms of the UN and African human rights system.
Gus frequently speaks at high-level international conferences, workshops and expert groups, including, the Annual Meeting of the American Society of International Law, the Annual Conference of the European Society of International Law and the Biennial Conference of the International Law Association. He has held several visiting appointments, including at New York University’s Centre for Human Rights and Global Justice; the Swedish Defence University; the Centre for Human Rights of the University of Pretoria; and most recently as Visiting Professor at Palacký University in the Czech Republic. Gus is also one of the invited faculty of the exclusive United Nations Audiovisual Library on International Law.
Experience working with the UN
Gus has extensive experience working with the UN Human Rights architecture. Between August 2010 and February 2013, he served as legal advisor to then UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns. In this capacity, he played a central role in strategizing responses to significant violations of the right to life and in formulating official reports of the Special Rapporteur. Notable examples include:
Eduardo Nicolás Cruz Sánchez et al v Peru, Inter-American Court of Human Rights (2013) - assisted the Special Rapporteur in preparing his amicus curiae submission.
Policing of protests (2012-2013)
Targeted Killings by the US (2010-2013)
Capital Punishment (2010-2013)
Protection of Journalists (2012)
Extrajudicial executions in Sri Lankan (2011)
Killing of Osama bin Laden (2011)
Languages
English, Afrikaans
Memberships
The Honourable Society of the Middle Temple
Legal Practice Council, South Africa
Education
PhD, SOAS, University of London (2012)
LLB, Pretoria – Distinction (2006)