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.
Joshua is an accredited advocacy trainer with the Inner Temple.
Notable Cases
PI v Svishtov (C648-20 PPU), 2021
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
Georgia v Kezerashvili, 2016
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.
ExtraditionR v S, 2023, 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.
R v JB, 2023
D acquitted of four counts of rape, witness intimidation, possession of a bladed article, strangulation and making a threat to kill.
York Crown Court
R v JA, 2023
D acquitted of one count of attempted rape and assault by beating.
Hull Crown Court
Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, International Court of Justice, 2024
Joshua was instructed, with Dr Dov Jacobs, to draft a written statement on behalf of the International Association of Jewish Lawyers and Jurists for submission to the Court. The written statement is available here.
Report Armenia - Azerbaijan conflict, 2021
Read Armenia-Azerbaijan conflict Report here.
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.
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.
UNAOIL, 2017
Led by Steven Kay KC. Allegations against UNAOIL related 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.
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.
International CrimeNews
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Achievements
- Law Society, Honourable Society of the Inner Temple
- Defence Extradition Lawyers Forum
- International Defence Associates
- Admitted as a solicitor in 2008
- ICC List of Assistants to Counsel
- American Bar Association’s International Criminal Justice Standards Advisory Group
- Modern History, University of Oxford (academic scholar)