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
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.
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.
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.
Legal Assistant on Uhuru Kenyatta Defence team
Legal Consultant on Ieng Sary Defence team
Legal Assistant on Prlić Defence team
Extradition and Mutual Legal Assistance
Joshua is led by Helen Malcom KC (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.
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.
Requested Person wanted by the Czech Republic discharged on Article 8 grounds.
Requested Person wanted to serve a sentence of 3 years 6 months in Poland for offences including assault and theft discharged from two EAWs.
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.
Junior alone. Requested person discharged from German EAW alleging aggravated burglaries of jewellers.
Led by Steven Kay KC. 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.
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.
Led by Hugo Keith KC (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
R v Sothilingam  EWCA Crim 479 - Court of Appeal holds there is no duty on a defendant to bring issues relating to electronic tagging equipment to the attention of the court in order to maintain an entitlement to credit for time spent on a qualifying curfew.
Read more here
"He is prodigious, academically rigorous and a great grafter, who has excellent analytical skills." (Chambers UK, 2023)
“...tenacious, diligent, and robust advocate with excellent forensic and drafting skills”
PROFILE: Joshua Kern
2013 (Admitted as a solicitor in 2008)
Confiscation / POCA
Fraud, Bribery & Corruption
Fraud, Bribery & Corruption
Financial and Corporate law
020 7489 2727
Modern History, University of Oxford (academic scholar).
Law Society, Honourable Society of the Inner Temple
Defence Extradition Lawyers Forum
International Defence Associates
ICC List of Assistants to Counsel
American Bar Association’s International Criminal Justice Standards Advisory Group