David Josse KC

Practice Areas

Extradition, International Criminal and Humanitarian Law (War Crimes), General domestic crime (largely homicide and rape e.g., in 2023 prosecuted a double murder). Since taking Silk has specialised in defending extradition requests, both at first instance and on appeal, encompassing a wide range of Part 1 and 2 work with a particular emphasis on prison conditions, fair trial and political corruption.

Josse has led in many of the leading Article 3 cases of recent years, often involving issues relating to assurances provided by judicial authorities or requesting states:

Tabuncic and Coev (Moldova), Sekreiru (Azerbaijan), Zelenko (Latvia), Aleksynas (Lithuania), Wolkowicz (Poland), Florea and Blaj (Romania), Lustyuk and PS (Ukraine), Kapoor (India), Nikolov and Kirchanov (Bulgaria), LMN and Yilmaz (Turkey), SW (Mexico), AB (Kuwait), NB (Brazil).

Also: EAW/TCA Brexit challenge in January 2021 - Polakowski & oths. CPS v. Beaumont (Mexican import case) interpretation S. 152 EA 2003. Sanchez v. UK 2022 Grand Chamber ECtHR on Life without Parole in USA.

Career

Josse spent 2005-2010 at the ICTY in The Hague defending in two lengthy international war crime trials one for a senior Bosnian Serb politician - Krajisnik. The other a seven-defendant case for a General charged in relation to the Srebrenica massacre - Gvero. Both matters involved allegations of genocide, extermination, and large-scale ethnic cleansing.

Professional Memberships

List Counsel: ICC.

Member: DELF, CBA. Vice-Chair Bar Council International Committee.

Publications

Regular broadcast commentator on news stories in core practice areas.