Sarah Bafadhel specialises in international criminal law, public international law and human rights law.
She litigates on behalf of clients in high profile and complex cases before international and regional fora which have resulted in landmark decisions developing international jurisprudence.
Sarah provides direct and strategical advice to individual clients as well as governmental and non-governmental actors on the implementation of international law and standards.
Background and Expertise
Having appeared as counsel in domestic, regional and international courts, Sarah provides tailored advice and representation to clients across various stages of investigation and judicial proceedings.
Sarah has been instructed to provide consultation to various governments and non-governmental organisations across Europe, Africa, the Middle East, Southeast Asia and Central America with regard to the implementation of international criminal law, transitional justice and public international law.
She has also prepared legal submissions on behalf of individual clients before the United Nations Human Rights Council; the United Nations Working Groups and Special Rapporteurs; the African Commission on Human and People’s Rights, the Inter-American Commission on Human Rights and in alien tort proceedings before United States District Courts.
Sarah also specialises in the delisting of designated individuals and entities which are subject to sanctioning regimes adopted by the UN, EU, US and UK and has appeared in proceedings before the General Court of the European Union and European Court of Justice. She has also assisted clients in challenging INTERPOL red notices.
She has also appeared in domestic criminal proceedings before the courts of England and Wales and currently advises on judicial review proceedings, extradition proceedings and immigration cases.
Sarah is fluent in Arabic and can provide advice in either English or Arabic.
Notable Cases
Government of South Sudan, September 2021-ongoing
United Nations International Impartial and Independent Mechanism, July 2020-March 2021
Foreign and Commonwealth Office, United Kingdom – February 2012-April 2012; October-December 2017; November-December 2021
- Syrian Arab Republic (Department for International Development (independent).
- Providing technical assistance and training of investigators and lawyers for collection of forensic and witness evidence. Somaliland (Department for International Development (Axiom Global).
- Providing technical assistance to judges and prosecutors in relation to the establishment of a continuing professional development programme.
- Iraq and Kurdistan (Axiom Global). Providing legal advice in relation to compatibility of data protection laws with international standards
Government of Arab Republic of Egypt, January 2015- December 2016
Libya Information Centre, January 2014 – December 2016 (confidential)
Ministry of Human Rights in the Republic of Yemen and Yemen Center for Transitional Justice, March 2013-May 2016
Amnesty International, February 2014 (confidential)
No Peace Without Justice (Bahrain) August 2012-January 2013 (confidential)
Maritime Asset Security & Training Limited, March 2012- January 2013
Syrian Emergency Task Force, November 2011January 2013
Foreign and Commonwealth Office, 2012
Legal consultation.
Prosecutor v. Alfred Yekatom, August 2023-ongoing
Sarah represents Mr. Alfred Yekatom in on-going ICC proceedings concerning the commission of alleged war crimes and crimes against humanity, including enlistment and use of child soldiers in active hostilities, committed in the Central African Republic between 5 December 2013 and August 2014.
International Criminal Court
Read more on ICC CPI
Situation in the Republic of the Philippines, February 2023-ongoing
Sarah is engaged to represent the Government of the Republic of the Philippines in relation to on-going appellate proceedings concerning the Office of the Prosecutor’s request to investigate crimes allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign.
International Criminal Court
Read more here
Council of the European Union v. Aisha Muammer Mohamed El-Qaddafi, July 2021-April 2023
Sarah successfully represented Dr. Qaddafi in appellate proceedings before the European Court of Justice in relation to the annulment of sanctions, securing Dr. Qaddafi’s delisting from EU restrictive measures.
European Court of Justice
Read more here
International Residual Mechanism for Criminal Tribunals, Prosecutor v. Turinabo et al., 2018 – 2021
Sarah assisted as legal consultant assisting the defence of Mr. Anselme Nzabonimpa in relation to contempt proceeding before the Residual Mechanism. The allegations stemmed from the review proceedings in Prosecutor v. Augustin Ngirabatware, who was convicted for genocide before the International Criminal Tribunal for Rwanda. The case primarily concerned the interrogation of forensic evidence collected from Mr. Nzabonimpa.
Read more here
International Criminal Court, Prosecutor v. Al Hassan, October 2019 – March 2020
Sarah acted as Associate Counsel assisting the defence of Mr. Al Hassan in relation to allegations of war crimes and crimes against humanity in the situation of Mali.
Read more here
General Court of the European Union, Aisha Muammer Mohamed El-Qaddafi v Council of the European Union, 2019 - 2021
Sarah appeared before the General Court of the European Union to secure the annulment of restrictive measures implemented by the Council of Europe against Ms. El-Qaddafi in relation to the situation in Libya.
Read more here
General Court of the European Union, Abdel-Majid Gaoud v. Council of the European Union, 2018-2021
Sarah appeared as Counsel in proceedings before the General Court of the European Union to secure the annulment of restrictive measures implemented by the Council of Europe against the former Minister of Agriculture in relation to the situation in Libya. The case continues following death of Mr. Gaoud in March 2021.
Read more here
Special Tribunal for Lebanon, Prosecutor v. Ayyash et al., 2013-2020
Sarah appeared as Co-Counsel representing the interests of Mr. Assad Hassan Sabra in international terrorism proceedings related to the death of former Prime Minister for Lebanon, Rafik Hariri, in 2005 securing an acquittal. The evidence relied on by the Prosecution primarily concerned telecommunication evidence.
Read more here
General Court of the European Union, Aisha Muammer Mohamed El-Qaddafi v Council of the European Union, 2015-2017
Sarah appeared before the General Court of the European Union to secure the annulment of restrictive measures implemented by the Council of Europe against Ms. El-Qaddafi in relation to the situation in Libya.
Read more here
International Criminal Court, Prosecutor v. Saif Al-Islam Gaddafi, 2013-2016
Sarah assisted in the representation of Mr. Gaddafi during admissibility proceedings before the International Criminal Court. Mr. Gaddafi is charged with murder and persecution as crimes against humanity alleged to have been committed during the Libyan conflict in 2011.
Read more here
Prosecutor v Saif Al-Islam Gaddafi, 2013-16
International Criminal Court (ICC) Sarah assisted in the representation of Gaddafi during admissibility proceedings before the ICC. Gaddafi is charged with murder and persecution, as crimes against humanity alleged to have been committed during the Libyan conflict in 2011.
See ICC website
Dr Arthur Porter v Panamanian Ministry of Foreign Affairs, 2014-15
Assisting local legal representatives in Panama Administrative Court.
Prosecutor v Alfred Yekatom
Associate Counsel representing Mr Alfred Yekatom who is charged with the war crimes of murder, cruel treatment, torture, directing attacks against the civilian population, directing attacks against a building dedicated to religion, conscription, enlistment and use of children under the age of 15 years to participate actively in hostilities, and displacement; and (ii) the crimes against humanity of murder, deportation, forcible transfer of population, imprisonment and other forms of severe deprivation of physical liberty, torture, persecution and other inhumane acts. The acts are alleged to have been committed in the Central African Republic during the conflict in 2013-2014.
International Criminal Court
Read more on International Criminal Court
Prosecutor v Ayyash et al, 2013
Special Tribunal for Lebanon Sarah appears as co-counsel representing the interests of Assad Hassan Sabra in international terrorism proceedings related to the death of former Prime Minister of Lebanon, Rafik Hariri, in 2005. See summary on the tribunal website.
International Criminal Tribunal for the former Yugoslavia, Prosecutor v. Delić, 2013
Sarah assisted in pre-review proceedings in relation to the deceased Rasim Delić following public statements of Judge Frederik Harhoff
Read more here
Saidati Mukakibibi and Agnes Uwimana v State of Rwanda, 2013
Assisting local legal representatives in Rwandan Supreme Court.
Aziz et al v Syrian Arab Republic, 2012-13
Assisting local representatives in the US District Court for the District of Columbia.
Prosecutor v Sayyed et al, 2011-13
Assisting local representatives at the International Crimes Tribunal (Bangladesh).
El Hajjiouji v. Belgium, August 2022-October 2022
Consultation in respect of application brought by Mr. Nordin El Hajjiouji in relation to violation of article 6 arising from domestic criminal proceedings conducted in Belgium.
European Court of Human Rights
News
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Achievements
- General Council of the Bar
- The Honourable Society of the Inner Temple
- Peace and Justice Initiative and International Bar Association
- Chairperson of the ADC Amicus Curiae Committee
- Chair on a International Arbitration Panel
- May 2022: Focal Point for Equality and Inclusivity, Association of Defence Counsel
- March 2019: American Bar Association Task Force, “International Criminal Standards Project 2019”.
- November 2018: Ombudsman Pro bono Counsel List to assist persons subject to Al Qaeda sanctions regime
- Author: S. Bafadhel, 'Abuse of Process Doctrine in International Criminal Proceedings' in D. Young, M. Summers & D. Corker (eds), Abuse of Process in Criminal Proceedings (Bloomsbury Professional: Fourth edition, 2014), pp. 448 to 484.
- Author: T. Cadman & S.Bafadhel 'Courting Controversy' Criminal Bar Quarterly, Issue 3 Autumn 2011, Criminal Bar Association.
- 2008-2009: BPP Professional Education, Bar Vocational Course
- 2005-2006: King’s College University of London, LLM Masters in Law specialising in Public International Law
- 2002-2005: University of Birmingham, LLB (Hons) Law
- Conference speaker on international law
- Trainer on international procedure
- Editor on international law