Joshua Kern

Background and expertise

Joshua Kern is instructed in matters at the cutting edge of international criminal law and European extradition practice. His background is in landmark cases of historical importance, including: the trial of the Foreign Minister of the Khmer Rouge (Ieng Sary); the trial of the former Prime Minister of the Croat entity established in Bosnia-Herzegovina during the war in the former Yugoslavia (Jadranko Prlić); the first trial at the ICC of an incumbent Head of State (President Uhuru Kenyatta of Kenya); the extradition of the former Defence Minister of the Republic of Georgia (David Kezerashvili).

He is currently instructed by both individuals as well as government and civil society organisations to represent them upon international criminal law and transnational criminal law matters.

Joshua is a participant in a range of pro bono activities and sits on the International Practice Committee of the Inner Temple. He lectures on international criminal law and has done so on ICC jurisdiction through 2020/2021.

International Criminal Law

Situation in Palestine, 2021

Joshua was instructed as counsel by the International Association of Jewish Lawyers and Jurists in litigation before Pre-Trial Chamber I of the International Criminal Court (ICC) on the issue of the ICC’s territorial jurisdiction over the Situation in Palestine. The litigation arose from a request made by the Office of the Prosecutor in December 2019. See here and here for further details.

Mohamed Soltan v Hazem El Beblawi, 2021

Claim against former Prime Minister of Egypt Hazem El Beblawi alleging responsibility for torture arising from the arrest in Rabaa Square in 2013 of the Plaintiff. Mr El Beblawi was the IMF Ambassador for 11 Middle Eastern countries and had diplomatic immunity rights granted by the US. The claim was challenged by US lawyers Bartko, Zankel, Bunzel & Miller appointed by Steven Kay and with Josh Kern of 9BR, acted as international consultants. The DCC dismissed the claim, recognising the immunity from suit of Mr El Bablawi.

Report here

Situation in Afghanistan, 2019

Counsel to a coalition of human rights organisations granted leave to submit amicus curiae observations in the Appeals Chamber hearings on the interests of justice in December 2019.

Prosecutor v Uhuru Kenyatta – ICC

Legal Assistant on Uhuru Kenyatta Defence team

Case 002 (Ieng Sary) – ECCC

Legal Consultant on Ieng Sary Defence team

Prosecutor v Jadranko Prlić (ICTY)

Legal Assistant on Prlić Defence team

Extradition and Mutual Legal Assistance

PI v Svishtov (C648-20 PPU), 2021

Joshua is led by Helen Malcom QC (Three Raymond Buildings) in a criminal / extradition preliminary reference heard by the Court of Justice of the European Union (CJEU) following a reference from Westminster Magistrates’ Court.

Lithuania – Article 3 prison conditions challenge, 2020/2021

Joshua has acted in counsel in a series of cases in which the conditions of detention in Lithuanian prisons were subjected to challenge under Article 3 ECHR in extradition proceedings.

Czech Republic v J, 2020

Requested Person wanted by the Czech Republic discharged on Article 8 grounds.

Poland v C, 2019

Requested Person wanted to serve a sentence of 3 years 6 months in Poland for offences including assault and theft discharged from two EAWs.

UK v K, 2019

Junior alone. Import extradition from the Netherlands where a UK EAW warrant alleging historic sex offences raised questions of abuse of process under Dutch law.

Germany v S, 2018

Junior alone. Requested person discharged from German EAW alleging aggravated burglaries of jewellers.

UNAOIL 2017

Led by Steven Kay QC. The allegations against UNAOIL relate to claims of corruption and bid-rigging in the global oil and gas industry. The SFO made a mutual legal assistance request to the Monégasque authorities and carried out a raid of Unaoil’s premises. Extradition from Monaco of S. Ahsani was refused on dual criminality grounds.

R v N, 2017

Case dismissed as a result of an abuse of process arising from the UK’s failure to honour its international obligations with respect to modern slavery.

Georgia v Kezerashvili, 2016

Led by Hugo Keith QC (instructed by Michael Drury CMG of BCL Solicitors) in extradition proceedings at Westminster Magistrates’ Court, in a case involving the multiple extradition requests for David Kezerashvili, formerly the Defence Minister of Georgia.

Read more Extradition and Mutual Legal Assistance

“...tenacious, diligent, and robust advocate with excellent forensic and drafting skills”

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PROFILE: Joshua Kern

From a tier one solicitor

Year called

2013 (Admitted as a solicitor in 2008)

Specialisms

Crime

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Confiscation / POCA

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Financial Crime

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Fraud, Bribery & Corruption

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Sexual offences

International

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Crisis Management

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Financial Crime

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Fraud, Bribery & Corruption

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Immigration

Financial and Corporate law

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Corporate Offences

Extradition

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Extradition

Direct access

Yes

Contact

020 7489 2727

Education

Modern History, University of Oxford (academic scholar).

Memberships

Law Society, Honourable Society of the Inner Temple

Defence Extradition Lawyers Forum

International Defence Associates

Appointments

ICC List of Assistants to Counsel

American Bar Association’s International Criminal Justice Standards Advisory Group

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