Context
Médecins Sans Frontières (MSF) is an international humanitarian aid organisation founded in 1971 that provides assistance in more than 70 countries to populations in distress, to victims of natural or manmade disasters and to victims of armed conflicts, without discrimination and irrespective of religion, creed or political affiliation. The management of MSF’s operations are divided between 5 sections based in Paris, Barcelona; Brussels, Amsterdam and Geneva.
Under the hierarchical supervision of OCB General Direction and the functional supervision of the Director of the International Legal Department, the Legal Advisor provides direct legal support to operational teams to defend the protection of the Medical Mission and MSF’s humanitarian space.
(S)he works in a team with other legal advisors of the Intersectional Legal Department to ensure that all sections receive quality, uniform support. Based on his/her legal analysis, (s)he submits un annual plan of action tailored to the needs of their relevant section and contributes to the identification and resolution of intersectional legal issues with the legal team and with the Director of the Legal Department.
The Legal Advisor is also responsible for the assessment of the missions’ overall legal risks and the definition of tax strategies and mitigation measures. S(he) is part of the SHIELD, supporting field teams in the negotiation of special statuses of exemption for MSF through Host Country Agreements, to ultimately securing MSF’s presence in the long term.
Finally, (s)he participates in various working groups, in particular advising on legal risks relating to search and rescue activities, other migrant-related activities and refugee requests in Europe.
Job Profile
In particular, s(he) will be charged with the following responsibilities:
IHL / IHRL / International Justice
In collaboration with the IHL specialists of the legal department, develop expertise and support missions on International Humanitarian Law, International Human Rights Law and International Justice:
- Support field teams in the development of legal arguments aimed at defending the medical mission and MSF’s humanitarian space, particularly providing support to field teams regarding IHL issues during negotiations of MOU or special agreements/status, during the management of incidents and in the protection of victims of conflict.
- Support MSF teams in the management of individual cases of violence against patients as well as against MSF personnel in the field (such as arrest, kidnapping, murder, threats or cruel treatment).
- Manage legal issues of requests from commissions of inquiry or national or international legal proceedings regarding violations of IHL, or national or international criminal frameworks and ensuring that MSF’s policy on participation in such proceedings is applied.
- Train MSF personnel on relevant IHL issues and develop relevant tools.
- Participate in and contribute to intersectional working groups of the legal department, particularly relating to IHL and national/international legal proceedings.
Medico-legal issues and the Protection of victims of violence
Assist field teals with the legal management of victims of violence in conflict and non-conflict affected countries.
- Define the various national medico-legal frameworks for the protection of victims of violence and of sexual violence (including minors), particularly taking into account specific operational contexts.
- Manage MSF’s medico-legal liability in regards to the protection needs of victims of violence, notably that of minors, and liaise with the other legal advisors and relevant “protection” actors in field missions to manage individual cases.
- Provide support to field teams regarding violence/proceedings against MSF structures and patients (security incidents, arrest, notification obligations, medical confidentiality, specific considerations concerning minors, legal proceedings etc.)
- Develop tools to improve the documentation of medico-legal cases and contribute to updating the statistics of the OCB medico-legal database.
- Train MSF teams on relevant medico-legal issues related to the protection if victims of violence.
- Participate and contribute to the intersectional working group on medico-legal issues.
Taxes and Host Country Agreements
Assess the level of operational, legal and fiscal risks and secure the legal environment of the field missions in the context of the SHIELD.
- Evaluate and analyse legal and fiscal risks applicable to each legal/administrative framework where MSF operates.
- Advise and implement optimal solutions to improve the legal and administrative frameworks of MSF missions.
- Support field teams in their management of their tax audits and identify/evaluate local tax lawyers for mission teams.
- Undertake SHIELD studies of individual country contexts and solutions provided in local law (ad hoc agreements) and in international law (Host Country Agreements) and identify legal policies and procedures to negotiation such agreements or special fiscal or administrative exemptions from the relevant authorities.
- Participate in working groups and workshops organized by the SHIELD and contribute to the development of tools to further technical expertise.
- Train MSF teams on relevant tax issues and negotiations of exemptions.
Migrants/Refugees/Search and rescue operations
- Analyse and advise on the care and management of refugees and migrants in MSF operations.
- Evaluate and manage legal risks related to MSF search and rescue operations in collaboration with local lawyers.
- Support field teams in the management of incidents and requests/investigations.