Mohamed Elewa Badar

Law Lecturer

Qualifications

PGCert in Learning and Teaching in Higher Education, Brunel University, London, (2009)
PhD in international criminal law, National University of Ireland (NUI), Galway (2007),
LLM in international human rights, NUI, Galway (2000),
Dipl in international legal relations, Ain Shams University, Cairo (1999),
Bachelors of Law & Police Sciences, Police Academy, Egypt (1991)

Dr Mohamed Elewa Badar is a former Chief Judge for the Egyptian Ministry of Justice (2001-2006). During July-September 2011 he was appointed to work as a Senior Investigator to the Bahrain Independent Commission of Inquiry to investigate various human rights abuses and to examine the causes of an estimated 36 deaths during the unrest in the Kingdom of Bahrain, as well as allegations of disappearances, unlawful arrests and detention, torture and other forms of mistreatment. In 2008-2009, Dr Badar worked as an international expert for the United Nations Interregional Crimes and Justice Research Institute (UNICRI) and in 2010 he was selected to work as an expert for the United States Institute of Peace (USIP) on the Model Codes for Post-Conflict Criminal Justice. During 2004-2005 he worked as a Resident Representative of the International Institute of Higher Studies in Criminal Sciences (ISISC) (Siracusa-Italy) for the Interim Training for the Afghan Judiciary, Kabul, Afghanistan, where he lectured the Afghan magistrates on issues related to international human rights law, comparative criminal justice systems and Islamic law. In Year 2003 he had a position to work for six month period as an Intern with the International Criminal Tribunal for the Former Yugoslavia, Office of the Prosecutor/Appeals Section. He worked as a Senior Prosecutor at the Public Prosecution Office, Egypt, for several years (1997-2001). Prior to assuming these positions at the Ministry of Justice, he was a Police Captain at the Ministry of Interior - Public Property Investigation General Dept. (1991-1997). Dr Badar holds a PhD in international criminal law and LL.M. in international human rights (first class honours) from the Irish Centre for Human Rights, National University of Ireland, Galway. He also holds a Diploma in international legal relations from Ain Shams University, Egypt. He received his first University degree – Bachelors of Law and Police Sciences – from the Police College, Police Academy, Egypt.

Dr Badar is the Editor of the Notes & Comments Section of the International Criminal Law Review

In my capacity as Dissertations Convenor (Final Year Project for UG students), and with the support of an experienced group of academics in Brunel Law School, I have designed and implemented a very ambitious and comprehensive new dissertation process which offers level 3 students various services and resources. This research based teaching and learning is designed to enhance an intellectual threshold of a student to much more sophisticated level. The plan aims to get level 2 students engaged in this process at an early stage by moving the whole dissertation process further forward than was under the previous systems and provide them with research training sessions and workshops.

I was awarded two grants of £ 12,000 by the British Council to support my project in developing and piloting the delivery of international studies opportunities for UK students in China. Students had the opportunity of strengthening their knowledge and research at the China University of Political Sciences and Law. They also experienced the Chinese culture and methods of teaching during their one-month stay at Beijing during the academic years (2009-2010/2010-2011).

Teaching

Criminal Law
International and Comparative Criminal Justice
International Criminal Law
International Human Rights Law and Islam
Minority Rights

Research Interests

International criminal law, comparative criminal law (including Islamic legal system), international human rights law, international humanitarian law and laws of post-conflict countries.

Research Areas

Criminal justice
Criminal law
Human rights
Islamic Law
Public international law

Research Groups

CIPL Centre for International and Public Law
CJRC Criminal Justice Research Centre
LRRG Law and Religion Research Group

PhD Supervision

International criminal law
International and comparative criminal justice (including Islamic legal system)
international human rights.

External Activities

Bahrain Independent Commission of Inquiry

Dr Badar has been appointed as Senior Legal Investigator by the Chair of the Bahrain Independent Commission of Inquiry (BICI), Professor M. Cherif Bassiouni. The BICI was established to investigate and report on allegations of human rights violations which took place during the civil unrest in Bahrain in February/March 2011. Dr Badar joined a team of investigators who heard more than 8,110 complaints of various human rights abuses and conducted more than 5,700 interviews in order to examine the causes of an estimated 36 deaths during the unrest in the country, as well as allegations of disappearances, unlawful arrests and detention, torture and other forms of mistreatment. The Report of the Bahrain Independent Commission of Inquiry was released on 23^rd November and is available on the Commission homepage www.bici.org.bh

United Nations Office on Drugs and Crime (UNODC)

During the period from 28-30 March, Dr Badar joined an expert group meeting for the United Nations Office on Drugs and Crime (UNODC) to review and finalise a draft Model Law on Juvenile Justice. The Model Law will act as an underpinning framework for states to draft their legislation, to ensure that they fully incorporate relevant principles such as the juvenile justice provisions of the UN Convention on the Rights of the Child.

United Nations Interregional Crimes and Justice Research Institute (UNICRI)

During the period from April 2008 until April 2009, Dr. Mohamed Elewa Badar worked as a consultant to the United Nations Interregional Crimes and Justice Research Institute (UNICRI). He drafted, together with other international experts, a training manual on Investigation, Prosecution and Adjudication of Drug Related Offences. This manual will be used by the United Nations Office on Drugs and Crime (UNODC) to train the Afghan Judges and Prosecutors of the Islamic Republic of Afghanistan.

PhD External Examiner  

Copenhagen University, Denmark, 6 January 2011

Sussex University, UK, 18 February 2010

Editorial Board Memberships

Editor, Notes & Comments Section of the International Criminal Law Review (ICLR)

Member of the Editorial Board of the Frontiers of Law in China

Member of the Editorial Boar of the International Criminal Law Review

Memberships of International Affiliations:

Member of the International Network to Promote the Rule of Law (INPROL)

Publications

Journal Papers

(2012) BADAR, ME. and Marchuk, I., A Comparative Study of the Principles Governing Ciminal Responsibiity in the Major Legal Systmes of the World, Criminal Law Forum: official journal of the Society for the Reform of Criminal Law 23 (4) : -

(2011) BADAR, M., Islamic law (Sharia) and the jurisdiction of the international criminal court, Leiden Journal of International Law 24 (2) : 411- 433 Download publication

(2009) Badar, ME. and Karsten, N., Current developments at the international criminal tribunals (2008), International Criminal Law Review 9 (1) : 227- 251 Download publication

(2009) Badar, ME., Dolus eventualis and the Rome statute without it?, New Criminal Law Review 12 (3) : 433- 467 Download publication

(2008) Badar, ME., The mental element in the Rome statute of the international criminal court: A commentary from a comparative criminal law perspective, Criminal Law Forum 19 (3) : 473- 518 Download publication

(2006) Badar, ME., Drawing the boundaries of mens rea in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia, International Criminal Law Review 6 (3) : 313- 348 Download publication

(2006) Badar, ME., 'Just Convict Everyone!' - Joint perpetration from Tadic to Stakic and back again, International Criminal Law Review 2 293- 302 Download publication

(2005) Badar, ME., Mens rea - Mistake of law & mistake of fact in German criminal law: A survey for international criminal tribunals, International Criminal Law Review 5 (2) : 203- 246 Download publication

(2004) Badar, ME., Basic principles governing limitations on individual rights and freedoms in human rights instruments, The International Journal of Human Rights 7 (4) : 63- 92

(2004) Badar, ME., From the Nuremberg Charter to the Rome statute: Defining the elements of crimes against humanity, San Diego International Law Journal 5 73- 144 Download publication

(2001) BADAR, M., 'Genocide at the Safe Area of Srebrenica: A Search for a New Strategy for Protecting Civil-ians in Contemporary Armed Conflict', Michigan State University Detroit College of Law Journal of International Law 10 (3) : 429- 463

Book Chapters

(2012) BADAR, ME., ‘Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the former Yugoslavia’. In: International Criminal Law. UK : Edward Elgar

(2012) BADAR, ME., ‘Commentary on Prosecutor v. Tharcisse Renzaho, Case No. ICTR-97-31-T, 14 July 2009'. In: Klip, A. and Sluiter, G. eds. Annotated Leading Cases of International Criminal Tribunals. Oxford - Antwerp : Intersentia (36) : -

(2011) BADAR, ME., ‘The Rights of the Child in the Justice System of the Islamic Republic of Afghanistan’. In: Abiad, N. and Mansoor, F. eds. Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective. London : British Institute of International and Comparative Law

(2010) BADAR, ME., ‘Drawing the Boundaries of Mens Rea in the Jurisprudence of the International Criminal Tribunal for the former Yugoslavia’. In: The Globalization of Criminal Justice. Uk & USA : Ashgate

(2010) Badar, ME., Participation in crimes in the jurisprudence of the ICTY and ICTR. In: Schabas, W. and Bernaz, N. eds. Routledge Handbook of International Criminal Law. Routledge 247- 270 Download publication

(2010) Badar, ME., Some reflections on article 30 of the Rome statute in light of the Lubanga and Katanga decisions on the confirmation of charges. In: Burchard, C., Triffterer, O. and Vogel, J. eds. The Review Conference and the Future of the International Criminal Court. Kluwer Law International

(2009) Badar, ME., Joiont criminal enterprise and the future of international criminal justice - the case of Radovan Karadžić. In: Yan, L. ed. Making Peace Through Justice - Essays on the New Development of International Criminal Law. Beijing : World Affairs Press 217- 239

Books

(2012) BADAR, M., The Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach. Hart Publishing