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

The OTP’s expert panel in the Situation in the State of Palestine: Additional safeguard or hostage to fortune?

On 20 May 2024, the world of international criminal law shook with news announced by Karim Khan KC, the Prosecutor of the International Criminal Court (ICC), that he was applying for arrest warrants in the Situation in the State of Palestine (the “Situation”). The Prosecutor’s announcement was supported by what he described as “an additional safeguard,” in…

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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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