Alexandre specialises in criminal law, international criminal law, human rights and sanctions. He has a worldwide practice and professional knowledge of English, French and Russian.
Alexandre has 15 years of experience in providing legal advice and assistance to individuals, non-governmental organisations and public authorities on investigations, case building and litigation. He is often called on to organise and lead war crimes investigations, to conduct evidential analysis in large complex cases, and to draft briefs to international courts and tribunals. Alexandre has filed over a dozen Article 15 Communications before the Prosecutor of the International Criminal Court on behalf of victims in Cambodia, Ukraine, Georgia and Belarus. He has also defended international criminal cases before the Extraordinary Chambers in the Court of Cambodia and the International Criminal Court. He regularly advises and assists victims to file cases before the European Court of Human Rights, domestic universal jurisdiction prosecutors and US, UK and EU sanctions authorities.
Alexandre also participates in rule of law and capacity building projects as a justice sector reforms adviser, international observer and training expert. In this capacity, he has helped to establish the first Rule of Law Centre in Myanmar, conducted criminal trial monitoring in Georgia, recommended criminal law reform in Vietnam, Georgia and Ukraine and trained CSO and justice sector professionals in Croatia, Cambodia, Ukraine, Russia, Moldova, Armenia and other former Soviet countries. He has authored or contributed to several training and advocacy tools on topics such as violence against women, wartime sexual violence, sanctions, linkage evidence and human rights investigations. Alexandre has also lectured law at the Royal University of Law and Economics in Cambodia and served as Adjunct Professor in International Criminal Law at the University of Washington and Lee in the USA.
Alexandre is Qualified to accept Public Access instructions.
Guernica 37 Chambers
Barristers
Almudena Bernabeu is the Co-founder of The Guernica 37 Group and Joint Head of Guernica 37 Chambers. She is a renowned international lawyer with a long career and expertise in International Criminal Law, Rule of Law Development, Government Advisory Work, Public International Law, Atrocity Crime, Prevention, International Human Rights Law, and Anti-Corruption & Bribery. She has held extensive lectures and seminars about her experience over the last 20 years in the US and Europe.
Ms Bernabeu is a member of the Bar of England and Wales and a member of the Bar of Madrid. She has been instructed to lead prosecutions in cases in front of the Spanish High Court. She has successfully exercised her advocacy in the United States in cases brought under the Alien Tort Statute before US Federal courts and in criminal cases in Europe under the Principle of Universal Jurisdiction. Almudena Bernabeu has led as an advocate multiple landmark cases regarding international crimes occurred in Chile, El Salvador, Colombia, Libya- Yemen, Syria, Peru, Bangladesh, Iraq, Venezuela, Guatemala, The Gambia, Mexico, and others.
Current Work:
International Legal Work
Yemen
Member of the legal team investigating the Saudi-led coalition attack on the civilian population in Yemen constituting war crimes and crimes against humanity. Filed an Article 15 Communication with the ICC Prosecutor in August 2021 and a criminal report with the Metropolitan Police Service under universal jurisdiction.
South Sudan
Member of the legal team leading an inquiry into an attack on a group of humanitarian workers stemming from the 11 July 2016 attack on the Terrain hotel in Juba, South Sudan
Kosovo Specialist Chambers, Prosecutor v. Nasim Haradinaj
Counsel for the defence in the trial of the Vice President of the Kosovo Liberation Army War Veterans Association on trial for administration of justice offences.
Kosovo Specialist Chambers
Member of the legal team leading the defence of several suspects under investigation for international crimes allegedly committed during the 1998-1999 armed conflict in the Republic of Kosovo.
People’s Tribunal for the Murder of Journalists
Leading the prosecution team to bring the indictment in response to the alarming number of journalists who are murdered in relation to their work, and the lack of justice in the majority of these cases. These murders are the ultimate consequence of a hostile environment for press freedom, characterized by harassment, violent attacks, or other attempts at silencing journalists. The People’s Tribunal on the Murder of Journalists is organised by Free Press Unlimited, the Committee to Protect Journalists and Reporters without Borders, as part of the initiative A Safer World for the Truth.
Libya
Leading an investigation against two Spanish art dealers that were detained with numerous stolen goods of art of Cyrenaic origin. Filed, as a popular prosecution, a criminal complaint before the Spanish National Court. The criminal complaint was filed against those who appear as criminally responsible, throughout all phases of the investigation for war crimes, terrorist financing, membership of a criminal organization, in connection with a crime of smuggling, money laundering, and forgery of documentation.
Government of Rwanda
Member of the legal team instructed by the Government of Rwanda to advise on the role of French Officials in the 1994 Rwandan Genocide and to ensure that Rwanda suspects on the territory of France are brought to justice. Further, instructed to advise and implement a national reform initiative to strengthen domestic capacity to investigate and prosecute cases of Genocide and Crimes against Humanity.
Colombia
Instructed to assist on a project to investigate international crimes that are considered emblematic for both communities and victims. Our investigations seek to collect evidence and information to identify systematic patterns of violence and specific criminal responsibilities to build legal cases to be filed before the Special Jurisdiction for Peace. Further, currently advising the Officer of the Inspector General (Procuradoria de la Nación) on developing a national anti-corruption programme.
Syria
Filed the first Article 15 Communication with the ICC Prosecutor based on the legal precedent set by the ICC Pre-Trial Chamber regarding the forced deportation of Rohingya into neighbouring Bangladesh.
Venezuela
Instructed to advise the former Attorney General and members of the Criminal and Anti-Corruption Investigation Unit. During 2017-2018 advised the legal team to investigate and document allegations of crimes against humanity. In mid 2018, led the filing an Article 15 Communication with the ICC Prosecutor. The matter is presently under investigation. Further, instructed to investigate corrupt practices, bribery and money laundering of the current Government.
Myanmar/Bangladesh
Filed an amicus brief in the ICC determination of jurisdiction on the alleged forced deportation of 500,000 ethnic Rohingya from the Rakhine State into neighbouring Bangladesh. Successfully argued that the forced deportation was an element of the Crime of Genocide and/or Crimes against Humanity.
Dr. Abbas Khan v. Syrian Arab Republic
Member of the legal team instructed to lead the investigation into the abduction, torture and murder of a British national by the Military Intelligence of the Syrian Arab Republic.
A.H. v. Syrian Arab Republic
Leading the international legal team that brought the first criminal case against nine senior members of the Syrian Military Intelligence.
International criminal investigation into the situation in Libya
Member of the legal team leading an international investigation into war crimes and crimes against humanity committed by the Libyan National Army into attacks on the civilian population for the period of 2014-2017 in Benghazi, Libya.
Spain v. K.K.
Member of the legal team instructed by the Government of Rwanda to represent the Rwandan Head of National Intelligence and Security, General Karenze, in an extradition request brought by the Government of Spain on charges of genocide and terrorism. The request was successfully defended and the City of Westminster Magistrates’ Court dismissed the request in August 2014.
The ‘Caesar’ Investigation (2015-2017)
Member of the legal team instructed by the Syrian National Movement to lead an international investigation into the evidence of a former Syrian government official who had documented the mass starvation, torture and execution of several thousand civilian detainees. (2015-2017)
Article 15 application to the ICC prosecution to open a preliminary investigation into the situation in Bangladesh
Member of the legal team investigating crimes against humanity committed by the Security Forces in Bangladesh on the civilian population for the period of 2012-2015.
Ania is an experienced and tenacious barrister who has substantial experience in extradition, appeals, criminal law and road traffic law.
Ania has been instructed in both Part 1 and Part 2 extradition matters. She is solely a defence practitioner and represents clients at Westminster Magistrates Court and in the High Court on appeal.
She has been instructed in an array of extradition matters involving arguments concerning human rights and complex technical arguments stemming from both the Extradition Act 2003 and its predecessor. The cases in which Ania has been instructed in are often ones of the utmost gravity, including murder, rape and other sexual offences as well as trans-national criminality such as trafficking of people or narcotics. She has also been involved in some high-profile cases which have been widely published in the press.
Additionally, over time, Ania has developed a significant following in the Polish community and is proud to apply her legal knowledge and experience in extradition and criminal law in that sphere.
In recent years, Ania has generated a network of fellow extradition lawyers practising in Poland, as well as other countries, with whom she works in order to try to provide the best solutions for her clients.
Ania also has experience in advising on prisoner transfer issues, s21B requests and Interpol Red Notices.
Ania is Qualified to accept Public Access instructions
Anna Rubbi is a Member of the Bar of England and Wales and a Member of G37 Chambers. Anna accepts instructions in all of Chambers’ practice areas, specifically in Public International Law, International Human Rights Law, International Humanitarian Law, and International Criminal Law.
Anna has a mixed domestic and international practice and accepts instructions in most of Chambers’ practice areas. She has over five years’ experience working in Public International Law, International Human Rights Law, International Criminal Law, Immigration and Refugee Law, and International Trade Law.
Domestically, Anna has experience in Immigration Litigation, Sanctions, Crime, and more generally, Public Law, Judicial Review and Human Rights Litigation.
International instructions
Anna has worked on matters before international courts and tribunals, including within a defence team at the the International Residual Mechanism for Criminal Tribunals, and as an Assistant Legal Officer at the Office of the President of the Special Tribunal for Lebanon. Anna has further advised on matters before the Inter-American Court of Human Rights. Anna consults on wide-reach and complex international matters, including in relation unilateral sanctions and corruption. She has particular focus in arms supply chain accountability.
She has also advised the UK Government, in her capacity as a lawyer for the Government Legal Department, on drafting, negotiation and domestic compliance with numerous international treaties spanning human rights, private international law and FTAs, with an interest in international taxation.
Domestic instructions
Public law: advisory and judicial review
Anna regularly represents the UK Government in public law matters, with a strong focus on immigration, asylum law, and European Convention on Human Rights (ECHR), as well as in unlawful detention claims.
In her time in two Government ministries, Anna has advised clients on the compatibility of domestic law with chapters in FTAs, private international law disputes before UK courts, and domestic human rights disputes concerning Articles 2, 8 and 9 ECHR.
She has represented the Legal Aid Agency in disputes before the Contract Review Body.
While on secondment undertaking her Second Six at Chambers, Anna assisted with drafts of skeleton arguments, applications and advices in a variety of areas, including state immunity, competition law, and sanctions. She undertook the Pupils’ Second Six advocacy training.
Crime and extradition
Anna receives instructions in crime and extradition matters, and represents clients in the magistrates’ and Crown Court.
Since returning to private practice in 2010, Charles specialises in the areas of international human rights law, international criminal law, international civil service law, complex cross border ‘white-collar’ and business crimes, international investigations, and cross border asset recovery. As part of his practice in the area of international human rights, between 2013 and 2014, he successfully represented Christopher Mtikila, the outspoken Tanzanian politician, in his watershed and precedent-setting case against the Tanzanian Government, before the African Court on Human and People’s Rights, resulting in amendments to Tanzania’s electoral laws to allow for independent candidacy for election to public office, as a violation the African Charter on Human and People’s Rights, the International Convention of Civil and Political Rights, and the Universal Declaration on Human Rights. The Mtikila vs. Tanzania case was the first case to be heard by the said Court on its merits since its inception in 2004. It was also the first case to be decided by the Court in favour of the Applicant and the first case before the Court on the issue of reparations. Charles’ practice in the area of ‘white-collar’ and business crimes has focused mainly on representing sovereign States, major oil and gas corporations, and ultra-high-net-worth individuals in complex corruption and fraud cases, often with cross-border elements. In 2016, Charles was appointed by the Federal Republic of Nigeria to lead the unprecedented corruption investigations and trials of several senior judicial officers in Nigeria, including that of Sylvester Ngwuta, JSC a Justice of the Supreme Court of Nigeria.
In 2024, Charles was sworn in as a Senior Advocate of Nigeria (SAN).
Fahrid is a barrister specialising in criminal, regulatory, public and international law. He is an accomplished junior defence advocate, having represented members of foreign royalty, politicians, and business magnates in English criminal proceedings. He has been instructed as Counsel in several, high-profile matters ranging from homicide, terrorism and narcotics through to sanctions, fraud, and bribery and corruption offences.
In addition to his core specialisms in crime, Fahrid is developing a promising, public law practice. He is a member of the Attorney-General’s JJ Scheme, having recently served as Counsel to the Government Legal Department (GLD) in relation to a major, statutory Public Inquiry.
Internationally, he specialises in Public International Law (PIL), International Criminal Law (ICL), International Humanitarian Law (IHL) and Diplomatic Law. He is Standing Junior Counsel to a Diplomatic Mission to the Court of St. James, regularly advising on the application and interpretation of the Vienna Convention on Diplomatic Relations 1961, the Diplomatic Privileges Act 1964 and related foreign relations treaties and instruments.
Gus Waschefort is a Member both of the Bar of England and Wales, as well as the Bar of South Africa and a member of Guernica 37 Chambers. Gus has a broad public international law practice, with specific expertise in relation to the African continent. Additionally, he is Associate Professor of International Law at the University of Essex, and is internationally recognised as a leading authority on the law and policy regarding child protection during armed conflict, as well as the regulation of armed conflict in an African context.
Gus was born and raised in South Africa. He commenced his career as a professional photojournalist, working in conflict and post-conflict settings in states such as the DRC, Liberia and South Sudan. As such, his regional expertise on sub-Saharan Africa is informed by two decades' experience traveling and working in more than twenty states across the continent, including in zones of active hostilities.
Sir Howard is a British lawyer with extensive experience in the field of international law and, particularly, international criminal and humanitarian law, having served as a judge at the International Criminal Tribunal for the former Yugoslavia, the Special Tribunal for Lebanon and the International Criminal Court and having served as defence counsel in a number of leading international cases.
At Guernica 37, we believe that Sir Howard’s unrivalled expertise and outstanding experience in the field of international criminal law and human rights law will greatly contribute to Guernica 37’s mission and he will be a wonderful addition to our team.
Ian has over 25 years experience at the Bar specialising in serious organised crime, financial crime, confiscation and asset recovery as well as cyber crime. He prosecutes and defends and has substantial experience in cases involving complex international tax fraud, asset recovery in multiple jurisdictions, covert surveillance, interception of communications and cross jurisdictional investigations. He has been ranked now for several years in the leading legal directories as a Leading Counsel in the areas of crime, financial crime, confiscation, business crime and regulatory work.
He regularly appears as Leading Counsel and has advised overseas individuals and companies as well as previously acting for the Prosecution in a corruption case involving the Attorney General of a U.K. dependent territory. Ian is an experienced trial advocate and regularly appears in the appellate courts and regulatory tribunals across several jurisdictions.
In addition to his professional practice, Ian lectures to graduate students in the UK and Overseas as well as law enforcement agencies, law societies, prosecutorial authorities and defence lawyers on financial crime, serious organised crime, asset recovery and cyber related offending.
Due to his expertise and interest in cyber crime and its impact on international criminal law, Ian is regularly in demand to advise and lecture on these areas.
Ian also practises from Exchange Chambers, Liverpool.
Ibrahim is a barrister with specialised international law knowledge and experience with a focus on the Middle East. He works both on international legal cases as well as lobbying and advocating on policy matters linked to the region. Ibrahim makes regular media appearance and has been interviewed by the BBC, CNN, The Guardian, The Financial Times, Aljazeera and Al-Arabiya. He is currently at the University of Oxford to deepen his knowledge in public policy.
Ibrahim received personal invitations from Heads of States, delivered statements in international forums such as the United Nations Security Council, and regularly engages with policy makers in different capitals around the world on justice related issues relevant to the Middle East.
Current Work:
Part of the legal team advising the Government of the Netherlands on its action to hold Syria accountable over breaches of the Torture Convection, a case which might end up before the International Court of Justice.
Developing tools to address Syria’s readmittance to INTERPOL to mitigate the risk on human rights defenders
Building international judicial initiatives to hold preparators to account for the use of Chemical Weapons in Syria
Working with The Metropolitan Police Counter Terrorism Unit (SO15) on crimes linked to Syria.
Isabella is a Barrister specialised in public law, human rights and international law.
International instructions
Isabella’s specialisms are public international law, international human rights law, international criminal law, international humanitarian law and transitional justice. She works on cases before international courts and tribunals, including the International Criminal Court and the Kosovo Specialist Chambers (KSC). She is currently instructed as part of a defence team in proceedings before the KSC in The Hague.
She has also worked on matters before the UN Human Rights Council and UN Special Mechanisms, including the UN Working Group on Arbitrary Detention and the Committee Against Torture. Isabella advises individuals and organisations on international law issues, including engagement and advocacy before United Nations treaty bodies and mechanisms.
Isabella is currently engaged in work on niche areas of international law, including being at the forefront of the representation of groups advocating for the repatriation of cultural heritage, reparations for slavery, the protection of indigenous and minority groups, and accountability for violations of international humanitarian law. She has a particular interest in transitional justice and peacebuilding in post-conflict states.
Domestic instructions
Public Law/Judicial Review
Isabella represents clients in claims against public authorities on behalf of individuals, including claims under the Human Rights Act 1998, the European Convention on Human Rights (ECHR) and the Equality Act 2010. Examples of her work include:
Delays in decision-making
Fresh claim refusals
Immigration detention, removals and deportation
Human trafficking and modern slavery claims
Sanctions
Immigration and Asylum
Isabella has extensive experience representing individuals in immigration and asylum cases, including:
International protection claims, including asylum, political asylum and humanitarian protection
Nationality and citizenship law
Appeals against refusals of visa applications, including family applications and applications for Indefinite Leave to Remain
High Net Worth Individual (HNWI) cases
Human trafficking and modern slavery claims
Immigration bail
Crime and Extradition
Isabella also represents clients in the Magistrates Court and Crown Court for crime and extradition matters.
Jack is a member of the Bar of England and Wales and joined Chambers upon successful completion of pupillage in July 2022. He has a mixed domestic and international practice and accepts instructions in most of Chambers’ practice areas.
Domestically, Jack regularly brings claims under the Human Rights Act 1998 and Equality Act 2010, often in the context of individuals within the prison estate. He is also experienced in judicial review proceedings, actions against the police, criminal appeals work, and claims under the Data Protection Act 2018.
Internationally, Jack accepts instructions principally in Public/Private International law, International Human Rights Law, International Humanitarian Law, International Criminal Law, and issues relating to Transitional Justice. In addition to contemporaneously advising on legal issues arising in live armed conflicts, he has dealt with matters before several international courts and tribunals, including, inter alia, the European Court of Human Rights, the UN Working Group on Arbitrary Detention, the International Criminal Court, the Kosovo Specialist Chambers, and the UN Mechanism for International Criminal Tribunals. Jack has supported several individuals in respect of their appeals against INTERPOL Red Notices and is an experienced practitioner in the area of business and human rights.
Jack is Qualified to accept Public Access instructions.
John is an international lawyer with many years’ experience of criminal justice and related issues arising in fragile and conflict-affected states. After practising at the Bar in crime, employment and immigration, he held legal positions in the United Nations for 19 years and since 2015 he has undertaken assignments for the UK Stabilisation Unit as a Deployable Civilian Expert. John accepts instructions in public international law, international criminal law, international humanitarian law, human rights, immigration and extradition/mutual legal assistance.
John is qualified to accept Public Access instructions.
Called to the Bar: 2006 (England and Wales), 1999 (Spain)Qualified to Accept Public Access Instructions
León Fernando Del Canto is a dual-qualified English Barrister and Spanish Abogado, frequently instructed by solicitors and auditors around the globe. Accredited by the Bar Standards Board in England and Wales as a public access Barrister, he holds audience rights in England and Wales and across the EU. With extensive expertise in international commercial and tax law, governance, and auditing, Fernando now focuses his practice on ESG, environmental, Social and Governance issues.
Lucia was called to the Bar in 2019 and joined Chambers as a barrister in June 2021, having previously worked in Chambers as an associate since Chambers’ inception. In addition to being a barrister Lucia is teaching in Oxford in the areas of international and EU law and policy.
She accepts instructions in most Chambers’ practice areas, at domestic and international level. Her domestic practice consists of criminal law, extradition and regulatory law. She has prosecuted and defended in the Magistrates’ and Crown Courts and is on the CPS General list (Level 1). She has acted for Requested Persons in extradition matters at Westminster Magistrates’ Court and the High Court and regularly appears before Regulatory panels.
In her international practice, Lucia accepts instructions in the areas of international criminal law, international humanitarian law, human rights, and EU law. Lucia’s PhD, focused on the intersection of human rights, business and migration, enables her to carry out work in this niche and growing area of law.
Matei is an extradition practitioner with a thriving practice. He takes a pro-active approach to guiding both lay clients and instructing solicitors through this complex area of law. He is able to provide expert advice on all stages of the extradition process from surrender through to appeal, removal and beyond.
Matei also accepts instructions in domestic criminal matters both legally aided and private. He has experience of road traffic law and regularly defends professional drivers facing general criminal charges and the regulatory investigations that follow.
Matei is Qualified to accept Direct Access instructions, licensed to litigate and police station accredited.
Michael is an international lawyer with over 12 years’ experience at the English Bar and in international organisations.
His work focuses principally on child abduction, child trafficking, public inquiries and inquests. Michael provides specialist advice and representation to government departments. He was a member of the Attorney General’s C Panel (2016-21) and is now a member of the AG’s B Panel. He is also a Special Advocate, which means he handles national security cases of the highest sensitivity.
Michael is a judge and arbitrator. He is a Deputy District Judge on the South Eastern Circuit; he is a member of the Institute of Arbitrators; and he sits on judicial panels for The FA, British Swimming and Swim England.
Michael also practices from 4pb in London.
Michael was called to the Bar of England and Wales at Middle Temple in March of 2011 and has a full qualification certificate from the Bar Standards Board.
Criminal Law: Michael, as a civilian criminal defence lawyer, has litigated cases from the initial stages through trial and appeal. The cases have involved a variety of crimes including Assault, Battery, Theft, Aggravated Burglary, Domestic Violence and Attempted Murder. As a military lawyer, the criminal cases that he handled ranged from Absence Without Official Leave to Breach of Classified Intelligence and Murder.
Civil Law: As a civil litigation trial lawyer, Michael has handled numerous cases including those that involved Breach of Contract, Construction Defects, Fraud, Serious Personal Injury, Toxic Tort Negligence, Product Liability Negligence and Medical Malpractice.
Military Law: Michael served as Summary Court Officer in over 25 Summary Courts-Martial and was appointed as Trial Counsel/Defence Counsel in over 75 Summary, Special and General Courts-Martial. He served as President of the Board for Special Court-Martial, and as counsel in Medical Boards and Administrative Discharge Boards. Also, he served in the United States Marine Corps as the Site Judge Advocate for Marine Air Group 42 (MAG-42) and as Law of War Specialist for the 4th Marine Aircraft Wing.
Arbitration and Mediation: As an arbitrator and mediator, Michael has successfully handled a large number of cases over the years in matters that have involved business litigation, personal injury, medical malpractice, and more.
Najib completed his pupillage in Chambers in 2018 and following a period as a third six pupil accepted an invitation to join as a tenant in 2020. He specialises in criminal law, immigration law, international law with a particular focus on Islamic Finance Law.
Najib is involved in a wide range of domestic cases including criminal trials, appeals, immigration appeals and judicial reviews. He also has extensive experience in international arbitration, global Islamic finance practice, advising Islamic banks, financial institutions and businesses on a wide range of Shariah-compliant transactions in the areas of syndicated finance, project finance and asset-backed structured finance.
He has significant experience in Sukuk structures, trade finance and real estate transactions.
Najib is Qualified to accept Public Access instructions.
Omar became a Guernica 37 member, following successful completion of his pupillage in 2020. He has developed a practice across a spectrum of chambers' practice areas, with a particular focus in domestic and international crime, international human rights, immigration and professional discipline.
Omar has a busy domestic criminal practice representing clients accused of a wide range of criminal offences and appears regularly in the youth, magistrates' and Crown Court.
Omar is developing an international law practice, which has included being instructed as a Legal Associate on the Haradinaj defence team at the Kosovo Specialist Chambers (KSC). In January 2022, Omar was admitted to the List of Specialist Counsel before the KSC as Co-Counsel.
Omar is currently instructed as Legal Adviser (with a focus on defence investigations) on the Abd-al-Rahman defence team at the International Criminal Court. Mr Abd-al-Rahman is alleged to be a commander of the Arab militia in Darfur, Sudan commonly known as the Janjaweed. He is charged with 31 counts of murder, rape, forcible transfer, persecution and torture as crimes against humanity and war crimes, arising out of the conflict in West Darfur between August 2003 and April 2004.
Omar is also developing his extradition practice and played an active role as part of the defence team in the successful case of Slovakia v. Dunford-Wood [2020].
He similarly assisted with an international child abduction case before the Family Division of the High Court.
Omar has also been actively involved in the sphere of asylum and immigration law, including acting in an Iraqi asylum case, where the applicant was a former interpreter who worked with the British army during the Iraq war.
Omar is developing a professional discipline practice and has appeared on behalf of Social Work England in disciplinary proceedings concerning social workers.
Toby is the Co-founder of The Guernica 37 Group and Joint Head of Guernica 37 Chambers. He is an established international law specialist in the areas of international criminal and humanitarian law, international terrorism, international commercial law, arbitration, anti-corruption, extradition and mutual legal assistance, and human rights law. He lectures extensively on international criminal law, criminal procedure and human rights law and has provided extensive advice and training to judges, prosecutors, lawyers and law enforcement agencies throughout the Balkans, Middle East, North Africa and South Asia.
As an extradition specialist he acts for the prosecution and defence advising and representing individuals, requesting judicial authorities and governments in extradition proceedings both at first instance hearings and extradition appeals in the High Court, Supreme Court and European Court of Human Rights. He is currently instructed in a number of matters before the Administrative Court of England and Wales, the European Court of Human Rights and the UN Human Rights Committee.
He has provided expert evidence and statements in parliamentary, legal and arbitration proceedings in the United Kingdom, European Parliament, United Nations, United States Congress, ICSID, LCIA and World Bank in a number of conflict and post-conflict situations including Bahrain, Bangladesh, Bosnia and Herzegovina, Chile, Colombia, Croatia, Ecuador, India, Iraq, Ireland, Isle of Man, Kosovo, Libya, Maldives, Montenegro, Myanmar, Pakistan, Palestine, Rwanda, Saudi Arabia, Serbia, Sri Lanka, Switzerland, Syria, Trinidad & Tobago, United Arab Emirates, United States of America and Yemen.
Toby advises on judicial reform, legislative drafting and institution building in Albania, Bahrain, Bangladesh, Bosnia and Herzegovina, Burma (Myanmar), Croatia, Lebanon, Macedonia, Montenegro, Syria and Tunisia. He acts for a number of clients in pro-bono matters in foreign jurisdictions, in particular concerning British nationals abroad. He advises foreign governments, law enforcement agencies, international organisations, corporations and private individuals to develop professional and transparent institutions that protect human rights, combat corruption, and reduce the threat of transborder and transnational crime and develops training curricula for law enforcement, prosecutorial and governmental agencies for the investigation of international crimes. He further offers specialist political and public affairs consultancy services advising clients how best to identify, approach and influence the key decision makers of Westminster, Washington DC, Brussels and further afield.
Toby’s particular area of expertise is international legal obligations and the UN system of protection and in particular pursuing complaints before the UN Special Procedures Branch.
He has appeared and been instructed in matters before the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, the International Crimes Tribunal Bangladesh, the European Court of Human Rights, the Bosnian War Crimes Chamber, the UN Human Rights Committee and the African Commission on Human and Peoples Rights.
He is also experienced in international commercial law and arbitration and in 2019 was instructed as counsel in the longest running ICSID arbitration (Víctor Pey Casado and President Allende Foundation v. Republic of Chile) and is currently instructed as counsel in a multi-million pound and multi-jurisdiction commercial dispute in the Commercial Court in London (Aersale 27469 Aviation Ltd & Another v. Abdul Wahab & Another).
Current Work and Cases
International Legal Work
Yemen
Leading an investigation into the Saudi-led coalition attack on the civilian population in Yemen constituting war crimes and crimes against humanity. Filed an Article 15 Communication with the ICC Prosecutor in August 2021 and a criminal report with the Metropolitan Police Service under universal jurisdiction.
South Sudan
Leading an inquiry into an attack on a group of humanitarian workers stemming from the 11 July 2016 attack on the Terrain hotel in Juba, South Sudan
Kosovo Specialist Chambers, Prosecutor v. Nasim Haradinaj
Lead counsel for the defence in the trial of the Vice President of the Kosovo Liberation Army War Veterans Association on trial for administration of justice offences.
Kosovo Specialist Chambers
Leading the defence of several suspects under investigation for international crimes allegedly committed during the 1998-1999 armed conflict in the Republic of Kosovo.
Government of Rwanda
Instructed by the Government of Rwanda to advise on the role of French Officials in the 1994 Rwandan Genocide and to ensure that Rwanda suspects on the territory of France are brought to justice. Further, instructed to advise and implement a national reform initiative to strengthen domestic capacity to investigate and prosecute cases of Genocide and Crimes against Humanity.
Colombia
Instructed to assist on a project to investigate international crimes that are considered emblematic for both communities and victims. Our investigations seek to collect evidence and information to identify systematic patterns of violence and specific criminal responsibilities to build legal cases to be filed before the Special Jurisdiction for Peace. Further, currently advising the Officer of the Inspector General (Procuradoria de la Nación) on developing a national anti-corruption programme.
Syria
Leading an investigation into the forced deportation of civilians from the Syrian Arab Republic into the Kingdom of Jordan. Filed the first Article 15 Communication with the ICC Prosecutor based on the legal precedent set by the ICC Pre-Trial Chamber regarding the forced deportation of Rohingya into neighbouring Bangladesh.
Venezuela
Instructed to advise the former Attorney General and members of the Criminal and Anti-Corruption Investigation Unit. During 2017-2018 advised the legal team to investigate and document allegations of crimes against humanity. In mid 2018, led the filing an Article 15 Communication with the ICC Prosecutor. The matter is presently under investigation. Further, instructed to investigate corrupt practices, bribery and money laundering of the current Government.
Myanmar/Bangladesh
Filed an amicus brief in the ICC determination of jurisdiction on the alleged forced deportation of 500,000 ethnic Rohingya from the Rakhine State into neighbouring Bangladesh. Successfully argued that the forced deportation was an element of the Crime of Genocide and/or Crimes against Humanity.
Bosnia-Herzegovina - UK Foreign and Commonwealth Office
Instructed to advise on a project led by Price Waterhouse Cooper on the reform of the Bosnia and Herzegovina Prosecutor’s Office in the field of organised crime and corruption to implement recommendations made by the European Commission. Advisory work includes developing capacity to investigate and prosecute high profile political corruption, legislative amendments and drafting a national action plan.
Government of the Islamic republic of Pakistan
Instructed to lead a joint Pakistan-UK investigation into the murder of a Pakistani national in the UK, allegations of money laundering, proceeds of crime and incitement to commit acts of violence.
International Bar Association - Human Rights Institute
Instructed to design and lead a training programme for Syrian legal professionals on the documentation, investigation and prosecution of war crimes, crimes against humanity and genocide during the armed conflict in the Syrian Arab Republic.
Dr. Abbas khan v. Syrian Arab Republic
Instructed to lead the investigation into the abduction, torture and murder of a British national by the Military Intelligence of the Syrian Arab Republic.
A.H. v. Syrian Arab Republic
Member of the international legal team that brought the first criminal case against nine senior members of the Syrian Military Intelligence. The case is currently pending before the Spanish National Court in Madrid.
International criminal investigation into the situation in Libya
Leading an international investigation into war crimes and crimes against humanity committed by the Libyan National Army into attacks on the civilian population for the period of 2014-2017 in Benghazi, Libya.
United Arab Emirates
Instructed to lead the investigation into the arbitrary detention and torture of a British national in Dubai, United Arab Emirates.
Spain v. K.K.
Instructed by the Government of Rwanda to represent the Rwandan Head of National Intelligence and Security, General Karenze, in an extradition request brought by the Government of Spain on charges of genocide and terrorism. The request was successfully defended and the City of Westminster Magistrates’ Court dismissed the request in August 2014.
The ‘Caesar’ Investigation (2015-2017)
Instructed by the Syrian National Movement to lead an international investigation into the evidence of a former Syrian government official who had documented the mass starvation, torture and execution of several thousand civilian detainees. (2015-2017)
The Government of the Republic of Maldives (2015-2016)
Advised the Government on legislative and constitutional reform to the criminal justice system and presented a comprehensive strategic reform report.
Article 15 application to the ICC prosecution to open a preliminary investigation into the situation in Bangladesh
Leading an investigation into crimes against humanity committed by the Security Forces in Bangladesh on the civilian population for the period of 2012-2015.
The Cordoba Foundation
Instructed to produce a series of reports on the Muslim Brotherhood, Freedom and Justice Party and the 2013 military coup in Egypt. Contributed a detailed written submission to the UK Government Review of the Muslim Brotherhood. Releasing three reports in September-October 2015 on the History of the Muslim Brotherhood, the Muslim Brotherhood in Government and the Military Coup.
Egypt investigations
Conducted a series of investigations into the conduct of the military regime of Abdel Fattah el-Sisi under universal jurisdiction with a view to initiating criminal prosecution in the United Kingdom, Spain, The Netherlands and South Africa.
African Commission for Human and Peoples’ Rights (ACHPR)
Currently leading a legal team pursuing a human rights case in the ACHPR against the Government of Egypt concerning the closure of the Rafah Border crossing during Operation Protective Edge.
UN Commission of Inquiry on the Gaza conflict
Instructed by the Hemaya Centre for Human Rights and the Arab Organisation for Human Rights in the UK to submit a written submission to the UN Commission of Inquiry. The submission detailed the conduct of the Israeli Defence Forces (IDF) concluding that it amounted to war crimes and crimes against humanity.
Government of the People’s Republic of Bangladesh v. Nizami & Others (2010-Present)
Since October 2010 instructed by Bangladesh Jamaat E Islami to represent the political leadership prosecuted by the Bangladesh War Crimes Tribunal.
Government of the People’s Republic of Bangladesh v. S Q CHOWDHURY (2010-Present)
Since October 2010 instructed to represent an opposition member of the Bangladesh Parliament on charges of crimes against humanity and genocide before the Bangladesh War Crimes Tribunal.
Kadic & Others v. R.K. (2009-2011)
Instructed by the US Law Firm Paul, Weiss, Rifkind, Wharton & Garrison LLP to seek recognition of foreign judgment and search and seizure of realisable assets to satisfy damages of US$750 million awarded by the United States District Court, Southern District of New York and confirmed by the United States Court of Appeal, Second Circuit under the Alien Tort Claims Act for acts of genocide committed during the Bosnian conflict 1992-1995.
Extradition Work
Instructed by the Crown Prosecution Service, Special Crimes Division as a Senior Crown Prosecutor to act on behalf of States and Judicial Authorities in extradition and mutual legal assistance requests. Acted on behalf of a number of States including Albania, Argentina, Brazil, Canada, Croatia, India, Kosovo, Serbia, USA and numerous EU States.
Ylenia is developing a practice in International Criminal Law and Extradition. Before joining Guernica 37 she was part of the team acting on behalf of a British-Iranian person who was formerly detained in Iran unlawfully. She has a keen interest in the corporate liability of international crimes.
She has been seconded to the Bank of England and to the Serious Fraud Office in a case involving large-scale international shipping and banking frauds across multiple countries.
Ylenia has significant experience in defending clients of a particularly vulnerable nature, often with complex mental health issues addressing matters of the utmost sensitivity.
Ylenia has a strong relationship with the British Institute of International and Comparative Law through which she has trained Nepalese prosecutors on matters of pre-trial conferencing, witness care and ethics. She currently also teaches new practitioners and pupil barristers Ethics within the Gray’s Inn Education department.
Ylenia has a busy criminal practice in which she regularly prosecutes and defends in the Crown Courts. Ylenia has been appointed to the Government Legal Department’s Junior Junior Panel of Counsel and is also a member of the CPS Advocate Panel Scheme (level 2). She has prosecuted on behalf of the CPS, National Probation Service and local authorities. She has expertise in applying for specialised behaviour orders on behalf of the Metropolitan Police as well as contesting them and appealing them.
She has successfully represented clients in cases involving serious drug allegations, grave violence and sexual offences. In terms of prosecution, Ylenia has particular experience representing the Crown in cases involving domestic violence.
Ylenia has advised on matters of jurisdiction in an international trade dispute and has been led junior counsel on 3 civil fraud cases. She is often led in civil cases that have a criminal element at hand.
Ylenia is robust in Court and has been commended on her ethics and client care.
Ylenia is Qualified to accept Public Access instructions.