Kai Ambos
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Kai Ambos (born 29 March 1965) is a German
jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
and
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
. He holds the teaching chair at the
University of Göttingen The University of Göttingen, officially the Georg August University of Göttingen (, commonly referred to as Georgia Augusta), is a Public university, public research university in the city of Göttingen, Lower Saxony, Germany. Founded in 1734 ...
in
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
,
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
,
comparative law Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, includ ...
and
international criminal law International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrat ...
. He served as a judge at the
District Court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...
for
Lower Saxony Lower Saxony is a States of Germany, German state (') in Northern Germany, northwestern Germany. It is the second-largest state by land area, with , and fourth-largest in population (8 million in 2021) among the 16 ' of the Germany, Federal Re ...
between 2006 and 2017. In February 2017 he was appointed to serve as a judge on the Special Tribunal for
Kosovo Kosovo, officially the Republic of Kosovo, is a landlocked country in Southeast Europe with International recognition of Kosovo, partial diplomatic recognition. It is bordered by Albania to the southwest, Montenegro to the west, Serbia to the ...
(''officially "Kosovo Relocated Specialist Judicial Institution"'') at the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
in
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
. He has authored and edited numerous publications on criminal law and procedure in Germany and internationally. In 2011 he argued that the killing of
Osama bin Laden Osama bin Laden (10 March 19572 May 2011) was a militant leader who was the founder and first general emir of al-Qaeda. Ideologically a pan-Islamist, Bin Laden participated in the Afghan ''mujahideen'' against the Soviet Union, and support ...
was "both illegal and morally dubious".


Biography

Kai Ambos was born in
Heidelberg Heidelberg (; ; ) is the List of cities in Baden-Württemberg by population, fifth-largest city in the States of Germany, German state of Baden-Württemberg, and with a population of about 163,000, of which roughly a quarter consists of studen ...
. He studied
Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
and
Political science Political science is the scientific study of politics. It is a social science dealing with systems of governance and Power (social and political), power, and the analysis of political activities, political philosophy, political thought, polit ...
s at Freiburg i.B.,
Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...
and
Munich Munich is the capital and most populous city of Bavaria, Germany. As of 30 November 2024, its population was 1,604,384, making it the third-largest city in Germany after Berlin and Hamburg. Munich is the largest city in Germany that is no ...
, where he passed his Level I law exams in 1990. His doctorate, also received from
Munich University The Ludwig Maximilian University of Munich (simply University of Munich, LMU or LMU Munich; ) is a public university, public research university in Munich, Bavaria, Germany. Originally established as the University of Ingolstadt in 1472 by Duke ...
, and supervised by
Horst Schüler-Springorum Horst Schüler-Springorum (15 October 1928 - 5 September 2015) was a German professor of jurisprudence. The focus of his work was on criminal justice. When he died a tribute in the news magazine ''Der Spiegel'' asserted that throughout his dultl ...
, followed just two years later. His dissertation, subsequently published under the auspices of the
Max Planck Institute The Max Planck Society for the Advancement of Science (; abbreviated MPG) is a formally independent non-governmental and non-profit association of German research institutes. Founded in 1911 as the Kaiser Wilhelm Society, it was renamed to the M ...
, concerned problems of drug control in
Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
,
Peru Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...
and
Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...
. On 27 October 1997 he received the "Law and Development Prize" from the "Herbert Krüger foundation for overseas constitutional comparison" for it. Meanwhile, he passed his Level II law exams in 1994. After that he worked as an academic research assistant at the Max Planck Institute for foreign and international criminal law and as an academic research assistant at
Freiburg University The University of Freiburg (colloquially ), officially the Albert Ludwig University of Freiburg (), is a public university, public research university located in Freiburg im Breisgau, Baden-Württemberg, Germany. The university was founded in 1 ...
under the direction of Prof. Dr. Albin Eser, with whom he has subsequently collaborated on a succession of academic projects. In 2001 his
habilitation Habilitation is the highest university degree, or the procedure by which it is achieved, in Germany, France, Italy, Poland and some other European and non-English-speaking countries. The candidate fulfills a university's set criteria of excelle ...
(like his doctorate) was awarded by
Munich University The Ludwig Maximilian University of Munich (simply University of Munich, LMU or LMU Munich; ) is a public university, public research university in Munich, Bavaria, Germany. Originally established as the University of Ingolstadt in 1472 by Duke ...
. It was supervised by Profs. Klaus Volk and Simma, and addressed "General aspects of
International criminal law International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrat ...
" (''"Allgemeinen Teil des Völkerstrafrechts"''). It was subsequently published. The habilitation cleared the way for a lifelong career in the universities sector and he accepted a teaching chair at the
University of Freiburg The University of Freiburg (colloquially ), officially the Albert Ludwig University of Freiburg (), is a public university, public research university located in Freiburg im Breisgau, Baden-Württemberg, Germany. The university was founded in 1 ...
. That appointment was a relatively brief one, however, since at the start of 2003 he moved to
Göttingen Göttingen (, ; ; ) is a college town, university city in Lower Saxony, central Germany, the Capital (political), capital of Göttingen (district), the eponymous district. The River Leine runs through it. According to the 2022 German census, t ...
where he continues (in 2024) to occupy the teaching chair in
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
,
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
,
comparative law Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, includ ...
and
international criminal law International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrat ...
. Kai Ambos served as a judge in the district court in Göttingen for more than ten years, his appointment taking effect on 24 March 2006. Beyond the academic world, he came to national and international attention as a member of the defence team for Mladen Markač at the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
in the case of " Gorovina and others". More than ten years after the official indictment, on 16 November 2012, the case ended, on appeal, with an acquittal for Markač and his co-defendants, by a majority verdict of the panel judges. The outcome gave rise to much media discussion: Ambos himself admitted that he had been very much surprised by the eleventh hour acquittal. In 2013 Ambos received an honorary doctorate from the
Universidad Nacional de la Amazonía Peruana The Universidad Nacional de la Amazonía Peruana (UNAP) was created on 14 January 1961 by Law 13498, given by the government of Peru's President Manuel Prado Ugarteche, responding to various needs that the Loreto community had, until then, ...
in northern Peru for "services to criminal justice and criminal process and his commitment to reform of the justice systems in Peru and other Latin American countries". In January 2014 a "Research Centre for Latina American criminal law and criminal procedure" (''"Centro de Estudios de Derecho Penal y Procesal Penal Latinoamericano"'' / CEDPAL) was inaugurated at
Göttingen Göttingen (, ; ; ) is a college town, university city in Lower Saxony, central Germany, the Capital (political), capital of Göttingen (district), the eponymous district. The River Leine runs through it. According to the 2022 German census, t ...
under the auspices of Ambos' professorship. He serves currently as its "Director General". The research centre is supported by its own academic advisory council and a specialist library containing more than 12,000 titles. On 7 February 2017 Ambos was appointed to serve as a judge on the Special Tribunal for
Kosovo Kosovo, officially the Republic of Kosovo, is a landlocked country in Southeast Europe with International recognition of Kosovo, partial diplomatic recognition. It is bordered by Albania to the southwest, Montenegro to the west, Serbia to the ...
(''officially "Kosovo Relocated Specialist Judicial Institution"'') at the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
in
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
. In 2024, Kai Ambos became entangled in a significant legal scandal in
Chile Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
involving payments for his legal services. This controversy is part of a broader investigation into Luis Hermosilla, a powerful and influential Chilean lawyer accused of handling illicit funds, including potential money laundering, to defend former Interior Minister Andres Chadwick; Chadwick faced allegations of human rights violations during the presidency of Sebastian Pinera, particularly related to his role during the social unrest known as the "Estallido Social" in 2019. Hermosilla allegedly used funds provided by businessman Daniel Sauer to pay Ambos for a legal report that was crucial in Chadwick's defense during his constitutional accusation. The substantial financial transactions involved are currently under scrutiny to determine if they were linked to illegal activities, resulting in Hermosilla's imprisonment in August 2024.


More opinions

In 2012, he expressed his satisfaction over the appeals chamber's unanimous decision to overturn the "200 Meter Standard" during the trial o
Gotovina et al
He also stated that he thought "Gotovina was a professional soldier" who sought to minimize civilian casualties and war damages (referring to documents used during the trial), and that "he couldn't see a butcher of Serbs in Markac either." He urged the Croats not to overinterpret the verdict and pretend that no crimes were committed during
Operation Storm Operation Storm ( sh-Latn-Cyrl, Operacija Oluja, separator=" / ", Операција Олуја) was the last major battle of the Croatian War of Independence and a major factor in the outcome of the Bosnian War. It was a decisive victory f ...
. In 2012 Kai Ambos argued that the "misuse" by the
Ecuador Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...
ian government of its London embassy to protect
Julian Assange Julian Paul Assange ( ; Hawkins; born 3 July 1971) is an Australian editor, publisher, and activist who founded WikiLeaks in 2006. He came to international attention in 2010 after WikiLeaks published a series of News leak, leaks from Chels ...
from prosecution in Sweden in respect of rape charges was a breach of human rights. Pointing out that Assange had been able to arrange matters so that it had taken three English courts a year and a half to reach the point at which they were about to extradite Assange, Ambos went on to highlight ways in which the parties had been able to politicise the affair, and he set out ways in which the case highlighted that in practice the
European Arrest Warrant The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing stat ...
system was being implemented very much more robustly in some member states than in others. In 2015 he addressed the matter of the
Armenian genocide The Armenian genocide was the systematic destruction of the Armenians, Armenian people and identity in the Ottoman Empire during World War I. Spearheaded by the ruling Committee of Union and Progress (CUP), it was implemented primarily t ...
. Setting aside the continuing heated debates over whether the term was "politically correct", he invited consideration of whether it was "legally correct", pointing out that the necessity to prove "destructive intent" (''"Zerstörungsabsicht"'') on the part of the
Ottoman government The Ottoman Empire developed over the years as a despotism with the Sultan as the supreme ruler of a centralized government that had an effective control of its provinces, officials and inhabitants. Wealth and rank could be inherited but were ...
presented formidable challenges.


References

{{DEFAULTSORT:Ambos, Kai Jurists from Heidelberg 21st-century German judges 20th-century German jurists Academic staff of the University of Göttingen Academic staff of Goethe University Frankfurt Officers Crosses of the Order of Merit of the Federal Republic of Germany Commanders of the Order of Merit of the Grand Duchy of Luxembourg Officers of the Legion of Honour 1965 births Living people Judges of the Kosovo Specialist Chambers