Joshua Kern

About/Bio

Joshua Kern is a barrister at 9 Bedford Row. He specialises in complex criminal cases with an emphasis on international and transnational criminal law. He has defended clients at the ICC (Kenyatta), the Extraordinary Chambers in the Courts of Cambodia (ECCC) (Ieng Sary), and the International Criminal Tribunal for the former Yugoslavia (ICTY) (Prlic).

Recently Published

Uncomfortable truths: how HRW errs in its definition of “Israeli apartheid”, what is missing, and what are the implications?

The discourse on apartheid in the Israeli-Palestinian context has evolved. Coinciding with the formal opening of an investigation by the ICC (as well as the admissibility decision in the inter-State proceedings initiated by Palestine before the CERD – see here), between January and June 2021 several organisations and authors – most notably Human Rights Watch (in A…

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Not Appropriate:  PTC I, Palestine and the Development of a Discriminatory ICC Jurisprudence

On 13 July, Pre-Trial Chamber I (PTC I) issued an unprecedented decision in which it ordered the Registry to establish unique public information and outreach activities for the “benefit of the victims in the situation in Palestine”, as well as to report on its situation activities on an ongoing basis.  No Pre-Trial Chamber has made the same…

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A Prudential, Policy-Based Approach to the Investigation of Nationals of Non-States Parties

On 22 May, Palestinian Foreign Minister Riyad al-Maliki submitted a referral to the International Criminal Court (ICC) regarding the situation in Palestine since 13 June 2014, with no end date.  This follows the Prosecutor’s statements on 8 April and 14 May responding to the situation on the Gaza border (which were themselves unusual, if not unique, examples of OTP…

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