Introduction

Haydee Dijkstal is a barrister practicing international criminal law and international human rights law and general crime.  She is also a US attorney with over a decade of experience practicing in international law.  Haydee is Head of International Law at 33 Bedford Row Chambers.

Directories

Haydee is ranked in both Legal 500 and Chambers and Partners in the area of International Criminal Law.

• “In the field of international criminal law, Haydee is a leading authority on the judicial review of decisions related to the opening of investigations at the International Criminal Court.” - Tier 2 (Legal 500 UK Bar, 2024 edition)
• "Her true expertise enables her to craft a strong case to push for justice."  (Chambers & Partners UK Bar, 2024 edition).
• "Haydee is an excellent barrister. Her knowledge of international criminal law and international human rights law is formidable." - Tier 3 (Legal 500 UK Bar, 2023 edition)
• "A pleasure to work with, and really knowledgeable about the ICC" - and - "A dynamic barrister who is excellent with clients. Top notch." (Chambers & Partners UK Bar, 2023 edition)
• "Haydee is an international law barrister of the highest calibre. Her forensic attention to detail when examining evidence and legal arguments, her expert knowledge of international law and human rights systems, and [her] fierce advocacy mean that in every case her client's interests are managed and protected in the best possible way." - Tier 3 (Legal 500 UK Bar, 2022 edition)
• "She is extremely hard-working and puts a lot of herself into the cases she works on. Her work ethic and strong analytical skills have been recognised by her team mates." - Rising Star (Legal 500 UK Bar, 2021 edition)

International Criminal Law

Haydee's practice in the area of international criminal law includes cases before the International Criminal Court, International Tribunal for the Former Yugoslavia, and the Special Court for Sierra Leone, and has involved the representation of victims, governments and accuseds.

Haydee is currently instructed as counsel for a group of Afghan victims participating before the ICC, and on behalf of victims in the Ukraine situation. Her previous instructions before the ICC include the following work: 1) co-counsel representing victims of the Gaza Freedom Flotilla, as well as the Government of the Comoros, in proceedings before the ICC which included the first Article 53(3) judicial review of a prosecutor’s decision not to investigate; 2) member of the Defence team for former Libyan spy chief, Abdullah Al-Senussin in the Libya Situation; 3) member of the legal team for the Government of Kenya for the admissibility challenge before the ICC; 4) co-counsel instructed to submit an amicus curiae brief in the Palestine Situation (on the scope of the court’s territorial jurisdiction); 5) co-counsel instructed to submit an amicus brief in the case against Bosco Ntaganda (on the definition of ‘attack’ for war crimes against cultural property). Haydee has also been instructed as counsel for a number of Article 15 Submissions to the Office of the Prosecutor. Before other international criminal tribunals, she was previously instructed as a member of the defence team for Charles Taylor at the Special Court for Sierra Leone (SCSL), and on the defence team for Milan Lukic at the International Criminal Tribunal for the former Yugoslavia (ICTY) for review proceedings.

International Human Rights Law

Haydee’s practice in the area of international human rights law covers issues including arbitrary detention, fair trial rights, torture, enforced disappearance, diplomatic protection, free speech and association, indigenous peoples’ rights, natural resources, cultural heritage and the right to family life, privacy and identity.  Haydee is regularly instructed for cases before the European Court of Human Rights, African Commission and African Court on Human and Peoples’ Rights, and UN bodies such as the Working Group on Arbitrary Detention, the Committee against Torture, the Committee on Enforced Disappearances and before UN Special Rapporteurs.

International law in domestic court

In addition, Haydee has experience addressing international violations in domestic jurisdictions. She was recently instructed as a legal expert to provide advise in a domestic war crimes trial.  She has previously been instructed as co-counsel to advise a UK Parliamentary panel established to investigate and report on Saudi political prisoners, and has worked on case behalf of victims under the principle of universal jurisdiction in both the UK and France.  She has also worked on cases involving the Alien Tort Statute, Torture Victim Protection Act and Foreign Sovereign Immunity Act in US federal courts.

Transitional Justice

Haydee has also worked in the area of transitional justice assisting the Truth, Reconciliation and National Unity Commission (TRNUC) of Seychelles as a legal consultant.

Notable Cases

Notable International Criminal Law cases:

• International Criminal Court (ICC),  Article 15 Communication on crimes committed in shoot down of Ukrainian airlines flight PS752  - Co-counsel instructed by the Association of Families for PS752 Victims to raise crimes associated with the shoot down by Iran before the ICC Office of the Prosecutor under the jurisdiction available at the ICC to address crimes committed in the territory of Ukraine, including on registered aircraft (2022-present).

• International Criminal Court (ICC),  Article 15 Communication on crimes by Iranian armed groups in Syria - Co-counsel on the legal team submitting a Communication to the ICC Prosecution, on behalf of a US NGO, raising for the first time Iranian armed groups' responsibility for the crime against humanity of deportation and persecution against Syrian victims, including journalists, in Jordan (2022-present)

• International Criminal Court (ICC), Situation in the Islamic Republic of Afghanistan - Counsel for a group of victims from Afghanistan and concerning crimes on the pattern of attacks and killings of journalists in Afghanistan in proceedings before the Pre-Trial Chamber and Presidency, and for an Article 15 Communication to the ICC Prosecutor (2021-present).

• International Criminal Court (ICC), Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia – Co-counsel for the legal team for the Government of the Union of the Comoros and for the legal team for Victims of the Gaza Freedom Flotilla (2014-2020)

• International Criminal Court (ICC), Case against Bosco Ntaganda - Counsel instructed for amicus brief submitted to the ICC Appeals Chamber on the definition and scope of the term 'attack' under sources of international law in regards to the crime before the ICC of destruction of cultural heritage. (2021) 

• International Criminal Court (ICC), Situation in Palestine - Counsel instructed for amicus brief submitted to the ICC on behalf of the Popular Conference for Palestinians Abroad on the question of the scope of the Court’s territorial jurisdiction over war crimes committed in Palestine (2020)

• International Criminal Court (ICC), Article 15 Communication to ICC for Syrian victims in Jordan - Co-counsel for the legal team submitting a Communication to the ICC Prosecution concerning the crime against humanity of deportation and persecution for Syrian victims in Jordan (2019-present)

• International Criminal Court (ICC), Prosecutor v. Abdullah Al-Senussi et al. – Defence team for former Libyan Spy Chief, Abdullah Al-Senussi (2013-2017)

• International Criminal Tribunal for the Former Yugoslavia (ICTY), Prosecutor v. Milan Lukić - Defence team for former head of a Serb paramilitary group in review proceedings (2013-2015)

• Special Court for Sierra Leone (SCSL), Prosecutor v. Prince Taylor – Defence team in contempt proceedings (2013)

• International Criminal Court (ICC), Prosecutor v. Banda and Jerbo – Legal team for Sudanese Victims participating in proceedings (2011-2013)

• International Criminal Court (ICC), Prosecutor v. Ruto et al. - Legal team for the Government of Kenya (2011-2012)

• International Criminal Court (ICC), Prosecutor v. Muthuara et al., - Legal team for the Government of Kenya (2011-2012)

• Special Court for Sierra Leone (SCSL), Prosecutor v. Charles Taylor -  Defence team for former Liberian President, Charles Taylor (2009-2010)

Notable International Human Rights cases: 

• UN Working Group on Arbitrary Detention, Application concerning death sentence in Saudi Arabia for twitter posts - Counsel instructed to represent a Saudi man who was arrest, convicted and sentenced to death for exercising his right to free expression by posting concern and criticism on Twitter. (2023-present)

• UN Special Rapporteurs, Application concerning Turkish/Emirati dual national extrajudicially extradited to UAE - Counsel instructed to submit a communication raising the client's arrest and disappearance in Jordan, and extrajudicial extradition to the UAE on charges related the well-known UAE94 mass trial and to the right to free expression. (2023-present)

• UN Committee against Torture, H.M.A v Sweden - Counsel instructed by an individual at risk of deportation where the real risk of torture upon return in violation of article 3 exists.  Successfully secured provision measures, and release from detention. (2023-present)

• UN Special Rapporteurs, Application concerning the targeted airstrikes and killing of civilians in Egypt during Operation Sirli - Counsel instructed by two NGOs to submit a Communication under the UN Special Procedures to address human rights violations carried out by Egypt, and supported and assisted by France (2022-present).

• European Court of Human Rights, Case of MI v Switzerland (Application no 56390/21) – Instructed as counsel on the legal team (led by Dr Chelvan, instructed by Jacqueline McKenzie, Leigh Day) representing African Rainbow Family and Stonewall to act as Intervenors and make comments on issues regarding a gay man at risk of return to Iran by Switzerland and indirect discrimination from application of the ‘conduct on return’ procedure (2022).

• UN Committee against Torture, Application concerning risk of Article 3 violation upon return - Counsel for an Egyptian national in Sweden to raise the real risk of torture in violation of article 3 of the Convention if returned to Egypt.  Successful secured provisional measures. (2021-present)

• Peoples' Tribunal for Murdered Journalists and UN Special Rapporteurs - Counsel representing a group of victims from Afghanistan and concerning crimes on the pattern of attacks and killings of journalists in Afghanistan for submissions before the Peoples' Tribunal on Murdered Journalists and to raise human rights violations before UN Special Rapporteurs (2021-present)

• European Court of Human Rights, Case of HA v UK (Application no 30919/20) – Instructed as counsel on the legal team (led by Dr Chelvan) representing an UNWRA recognised refugee from Lebanon, HA, who fears a real risk of Article 3 harm on return to the camp (2021-present)

• European Court of Human Rights, Case of H v UK (Application No. 32185/20) – Instructed as counsel on the legal team (led by Dr Chelvan, incl Deborah Seitler) representing a five-year-old child, H, concerning the child’s Article 8 right (private and family life) to identity, and to have the consenting biological father named on the child’s birth certificate (2021-2022)

• African Commission on Human and Peoples’ Rights, Communication concerning the death penalty in Egypt - Counsel instructed for a Communication on behalf of Egyptian citizens whose death penalties were confirmed following a mass trial and reported fair trial and due process violations (2021-present)

• African Commission on Human and Peoples’ Rights, Communication concerning the Grand Ethiopian Renaissance Dam - Counsel instructed to bring a Communication on behalf of a US NGO raising violations of the African Charter to Egyptian farmers, including the right to development, due to Egypt and Ethiopia's failure to conduct consulations on the GERD (2021-present)

• UN Working Group on Arbitrary Detention, Application concerning Palestinian nationals detained in Saudi Arabia - Counsel instructed to represent Palestinian nationals detained in Saudi Arabia. Successful secured a finding of arbitrary detention and human rights violations, and recommendation of immediate and unconditional release. Successful release from detention and deportation of one client in 2022. (2019-present)

• UN Special Rapporteurs, Application concerning arrest and detention of individual in Morocco and extradition to Saudi Arabia - Counsel instructed by the family of a Australian / Saudi dual national arrested in Morocco and extradited to Saudi Arabia in regards the risk of human rights violations in Saudi Arabia including the right to free expression and against torture (2021)

• UN Working Group on Enforced and Involuntary Disappearances, Application for an individual disappeared in Niger - Counsel instructed to represent an individual disappeared in Niger and believed to be in Government custody (2020-present)

• UN Working Group on Arbitrary Detention, Application concerning detention of Moroccan Journalists and Protesters – Legal team on behalf of detained journalist (2018 – 2019)

• UN Working Group on Arbitrary Detention, Application concerning former South Korean President Park Geun-hye – Legal team on behalf of former South Korean President, Park Geun-hye (2017)

• African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Libya – Legal team on behalf of Saif Al-Islam Gaddafi (2013-2016)

• African Commission on Human and Peoples’ Rights, Case on behalf of 529 individuals sentenced to death in Egypt – Legal team for individuals sentenced to death (2014-2015)

• African Commission on Human and Peoples’ Rights, Saif Al-Islam Gaddafi v. Libya – Legal team on behalf of Saif Al-Islam Gaddafi (2012-2013)

International Law in Domestic Jurisdictions: 

• UK Metropolitan Police War Crimes Unit (SO-15), Complaint on war crimes / CAH committed in Gaza - 
  Counsel instructed by UK NGO, ICJP, for the submission of a complaint on international crimes under UK legislation committed in Gaza concerning discriminate killing of civilians, civilian property and protected property, and the use of starvation and the blocking humanitarian aid (2024).

• Legal expert on domestic war crimes trial - Instructed to act as a legal expert advising a party to the proceedings in a domestic war crimes trial (2023).

• Representation of British nationals detained abroad - Instructed to act on behalf of two British nationals detained abroad and who's rights have been abused abroad in order to raise State obligations of protection under international law (2023-present).

• French Public Prosecutor on Crimes against Humanity, Complaint on Operation Sirli - Co-counsel instructed along with French counsel by two NGOs to submit a criminal complaint before the Crimes against Humanity, War Crimes and Offenses Unit of the National Anti-Terrorist Prosecutor's Office (PNAT) in France for alleged international crimes carried out by Egypt, and supported and assisted by France (2022-present).

• UK FCDO, Request for Diplomatic Protection on behalf of  British / Iranian dual national detained in Iran- Co-counsel on the legal team for the detained individual and his family in bringing a formal request for diplomatic protection before the UK Foreign Minister and FCDO (2020-present)

• Parliamentary Fact-Finding Panel on Political Prisoners in Saudi Arabia – Co-counsel instructed as legal advisor to the Parliamentary panel established to investigate and report on the detention of the former Crown Prince Muhammed Bin Nayef and Prince Ahmed Bin Abdul- Aziz, and other political prisoners in Saudi Arabia (2020)

• UK Metropolitan Police War Crimes Unit (SO-15), Application for War Crimes and Torture in Yemen - Co-counsel instructed to submit two requests for the initiation of a scoping exercise and investigation; (1) into an attack on civilians at a funeral in Sanaa Yemen and (2) into targeted killings and assassinations by mercenaries in Yemen (2019-present)

• US Department of Justice, Human Rights & Special Prosecutions Section, Complaint for Yemen Victims - Co-counsel instructed to submit two complaints requesting an investigation and prosecutions under universal jurisdiction on behalf of family members of victims of (1) an attack on civilians at a funeral in Sanaa Yemen and (2) argeted killings and assassinations by mercenaries in Yemen (2019-present)

• United States District Court, Central District of California, Dogan v. Barak – Legal team for victims bringing claims before US Federal Court under the Alien Tort Statute and Torture Victim Protection Act (2015-2019)

• UK Metropolitan Police War Crimes Unit (SO-15), Application for a Scoping Exercise on Torture – Legal team for victims of torture in the UAE (2017)

• U.S. District Court for the District of Columbia, Schermerhorn, et al., v. The State of Israel et al., - Legal team for victims bringing claims before US Federal Court under the Foreign Sovereign Immunities Act (2015-2017)

• UK Metropolitan Police War Crimes Unit (SO-15), Application for a Scoping Exercise on Torture and War Crimes – Legal team for victims of the Gaza Freedom Flotilla (2014-2017)

Transitional Justice

• Truth, Reconciliation and National Unity Commission (TRNUC), Seychelles - Legal Consultant assisting the work of the Commission in regards to case determinations (2021-2022)

International Legal Advice Work: 

• Western Kingston Commission of Enquiry 2016, Tivoli Garden Committee – Legal advice for victims’ group on incident of police brutality in 2010 (2013-2017)

• Multi-National Oil and Gas Exploration Company, Legal Advice on International Obligations – Legal team providing advice on corporate responsibilities and potential liabilities under international human rights and criminal laws concerning natural resources and indigenous peoples (2015)

• Government of Sudan – Legal team providing legal advice on international law (2012)

Professional Admissions

Bar of the State of Illinois (2010)

Bar of England and Wales (2018)

International Criminal Court, List of Counsel (2019)

Qualifications

George Washington University Law School, Washington, DC

• Master of Law (LL.M.) – International and Comparative Law

University of Wyoming, College of Law, Laramie, WY

• Juris Doctor (JD)

Rhodes College, Memphis, TN

• Bachelor of Arts – International Relations 

Additional qualifications

Justice Rapid Response, The Hague, The Netherlands

• Rostered Expert for deployment on deploy on international justice and rule of law related missions, including United Nations commission of inquiries and fact-finding missions concerning violations of international human rights and humanitarian law 

George Washington University / Oxford University Program in International Human Rights Law

• Certificate in Human Rights Law

Publications

• 'How can cultural heritage threatened by globalization and environmental destruction be protected? Looking to the crimes against humanity of deportation or forcible transfer as a potential legal remedy', Antiquities Coalition - Think Tank Policy Paper (Published: March 2022). Available here.

• ‘The ICC and Human Rights: The Crime against Destruction of Cultural Heritage as Part of a Trend Towards Greater Human Rights Influence’, Indiana International & Comparative Law Review, Vol. 31, No. 3 (Published: 14 September 2021).  Available here.

• ABA International Courts Year-in-Review Publication 2019, American Bar Association, Chapter on the International Criminal Court and International Criminal Court and Tribunals and Women’s Rights Cases (Published: August 2020). Available here.

• 'Destruction of Cultural Heritage before the ICC: The Influence of Human Rights on Reparations Proceedings for Victims and the Accused', Journal of International Criminal Justice, (Published: 25 June 2019). Available here.

• ABA International Courts Year-in-Review Publication 2018, Chapter on the International Criminal Court (Published: June 2019). Available here.

• 'Yemen and the Stockholm Agreement:  Background, Context and the Significance of the Agreement,' American Society of International Law: ASIL Insight (Published: 31 May 2019).  Available here.  

• ‘The Dakota Access Pipeline and the Destruction of Cultural Heritage: Applying the Crime Against Humanity of Persecution before the ICC’, Minnesota Journal of International Law, Issue 1 Volume 28 (Published: 28 February 2019). Available here.

• ‘Victim Rights and the ICC Pre-Trial Chamber’s Decision on the Jurisdiction of the Court over the Crime of Deportation Against the Rohingya People’, American Society of International Law: ASIL Insights (Published: 26 November 2018). Available here.

• ABA International Courts Year-in-Review Publication 2017, Chapter on the International Criminal Court (Published: July 2018). Available here.

• ‘How President Trump’s Recognition of Jerusalem Could Affect the International Criminal Court’s Preliminary Examination into the Situation in Palestine’, Justice Hub (Published: 19 February 2018). Available here.

• ‘Tunisia’s declaration for direct access to the African Court is an important step for dual African Union and Arab League nations’, Middle East Monitor (Published: 1 June 2017). Available here.

Memberships

International Criminal Court Bar Association (ICCBA)

• 2023-2024 Term: VIctims Committee (Chair) and Professional Standards Committee
• 2022-2023 Term: Executive Council (VP for Victims) and Professional Standards Committee
• 2021-2022 Term: Executive Council and Victims Committee (Chair)
• 2020-2021 Term: Executive Council and Victims Committee
• 2019-2020 Term: Executive Council and Victims Committee
• 2018-2019 Term: Amicus Committee and Counsel Support Staff Committee
• 2017-2018 Term: Counsel Support Staff Committee

American Bar Association (ABA), International Courts & Judicial Affairs Committee

• 2023-2024 Term: Immediate Past Co-chair of the IC&JA Committee
• 2022-2023 Term: Co-Chair of the IC&JA Committee
• 2021-2022 Term: Co-Chair of the IC&JA Commitee 
• 2020-2021 Term: Co-Chair of the IC&JA Committee
• 2019-2022 Term: Vice-Chair of Programs 
• 2018-2019 Term: Vice-Chair of Membership 

Bar Human Rights Committee

• 2024-2025 Term: Executive Committee
• 2022-2023 Term: Executive Committee 

ICL Media Review (‘UK Small Charity’)

• Board of Trustee member (2011 – 2022)

Direct Access

Haydee is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Haydee on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.   

The areas of practice in which Haydee most commonly provides legal services are matters relating to:

(1)   International Human Rights Law;
(2)   International Criminal Law;
(3)   Public International Law; and
(4)   General crime.

Her most commonly provided legal services are:

(1)   Representation in international and domestic courts and tribunals;
(2)   Drafting written submissions and / or correspondence to international courts and tribunals; and
(3)   Advising in conference.

Haydee’s most commonly used pricing models, are:

(1)   A fixed fee – for specific hearings, drafting of specific submissions or for phases of cases.
(2)   Hourly rate – for other work.