Joshua Kern

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.

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.

Read more

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

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

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.

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

Module Icon

PROFILE: Joshua Kern

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

From a tier one solicitor

Year called

2014

Specialisms

Crime

Module Icon

Confiscation / POCA

Module Icon

Financial Crime

Module Icon

Fraud, Bribery & Corruption

Module Icon

Sexual offences

International

Module Icon

Crisis Management

Module Icon

Financial Crime

Module Icon

Fraud, Bribery & Corruption

Module Icon

Immigration

Financial and Corporate law

Module Icon

Corporate Offences

Extradition

Module Icon

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

CPS Panel (Grade 1)

ICC List of Assistants to Counsel

American Bar Association’s International Criminal Justice Standards Advisory Group

Download Profile