Joshua Kern

Called 2014
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INTRODUCTION

Joshua specialises in complex crime cases with an emphasis on international and transnational criminal law. He is registered on both the International Criminal Court’s (ICC’s) and Extraordinary Chambers in the Courts of Cambodia’s List of Assistants to Counsel and is a Member of the American Bar Association’s International Criminal Justice Standards Advisory Group. Joshua leads 9 Bedford Row’s initiative on the impact of Brexit on human rights and criminal justice reform in the UK and is co-chair of 9 Bedford Row’s Extradition Practice Group.

Joshua is qualified to receive instructions directly from the public and takes on a range of work on a private basis, including advisory work in respect of money laundering regulations and the necessary systems within hedge funds and other associated financial organisations.

BACKGROUND AND EXPERTISE

Joshua is an international criminal law and extradition barrister and appears frequently as a jury advocate. As defence counsel, Joshua has made numerous legal submissions resulting in the dismissal of charges through lack of evidence or abuse of process and he has appeared in several judicial review proceedings. Joshua has experience as a member of defence teams at the ICC (Kenyatta), ICTY (Prlić), and ECCC (Ieng Sary) and he has appeared in complex extradition cases involving a historical and political dimension in which he has successfully defended extradition requests both as a led junior and as junior alone. Joshua has experience in complex fraud, bribery and corruption and money laundering cases and experience of representing high profile individuals for whom reputation management is a significant concern. He completed ICCA Vulnerable Witness training in 2018.

Joshua currently lectures on international criminal law, including at Salzburg Law School’s prestigious symposium in 2018 and at Birkbeck University on the history of the international criminal tribunals. Most recently, through 2018 and into 2019, he has published on the topic of ICC jurisdiction over nationals of non-states parties, as well as on issues relating to the ICC’s Preliminary Examination of the Situation in Palestine.

Joshua has successfully lobbied Interpol for the deletion of data, including Red Notices, from its systems – and he is well versed with Interpol’s constitutional framework and institutional structure.

Prior to transferring to the Bar, Joshua practised as an associate with Herbert Smith, an international law firm, where he worked principally on civil litigation and international arbitration matters. After training in the City, he practised international and transnational criminal law (including extradition, mutual legal assistance and international administrative law) at the ad hoc international criminal tribunals and as a solicitor with BCL Burton Copeland in London. He is admitted to the roll of solicitors in Hong Kong and has experience of international media and PR in a litigation context.

INTERNATIONAL CRIMINAL LAW

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

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.
Belgium v D, 2016
Junior alone. Extradition request withdrawn following submissions made regarding the compliance of Belgian prisons with Article 3 of the European Convention on Human Rights.

SERIOUS CRIME

R v H, 2018
Junior Alone. Conspiracy charge dismissed at half time as no case to answer under Galbraith.
R v N, 2017
Junior Alone. 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.

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

CPS Panel (Grade 1)
ICC List of Assistants to Counsel
American Bar Association’s International Criminal Justice Standards Advisory Group

“…tenacious, diligent, and robust advocate with excellent forensic and drafting skills”
From a tier one solicitor

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