The secure CJSM email is:
“An international criminal law specialist who is praised for his approach with clients and his strong advocacy.”Chambers & Partners (UK Bar) 2017
“Very hard-working and shows great initiative.”Chambers & Partners (UK Bar) 2017
“Has spent a considerable amount of time representing individuals accused of genocide and crimes against humanity”.Chambers & Partners (UK Bar) 2017
“Ethical and very meticulous in his cross-examination.”Chambers & Partners (UK Bar) 2017
Iain is a seasoned and compassionate barrister specialising in serious crime. He is a fighter who always goes the extra mile for his clients, whether in England and Wales, or before overseas jurisdictions. Iain represents defendants charged with the gravest of offences and has a particular expertise in international crimes, firearms, and immigration related cases. He is developing a strong practice in extradition. Iain prides himself on his meticulous preparation and intelligent trial strategy. Clients regularly comment favourably on his down-to-earth, unpretentious approach.
Since 2009, Iain has divided his busy defence practice between domestic and international criminal work. For the last two years, he has been one of a small handful of barristers ranked by Chambers and Partners as a leading junior in international crime. He is currently assigned as counsel before the UN Mechanism for International Criminal Tribunals in The Hague for the defence of the former head of the Serbian state security service, on trial for crimes against humanity and war crimes.
Iain is commended as “an excellent barrister, who is very hard-working and shows great initiative” and as being “ethical and very meticulous in his cross-examination” by Chambers and Partners (UK Bar) 2017. He has also been recognised for handling ICC matters, “noted for his involvement in the Lebanon and Rwanda tribunal proceedings. He has particular skill in advising on genocide and terrorism charges” with additional comments that “he is a very good and very polished advocate” in Chambers and Partners (UK Bar) 2016.
Iain is an extremely experienced criminal barrister. He represents defendants charged with the most serious offences of violence, murder, public disorder, rape and sexual assaults, armed robbery, complex fraud, and drugs trafficking and supply. He has particular expertise in terrorism, international crimes and firearms cases. His background as a practitioner in immigration and asylum law enables him to bring an in-depth knowledge to people smuggling and illegal entry cases, and cases which feature other immigration or deportation issues. Iain has a special enthusiasm for cases which provide the opportunity to advance abuse of process arguments.
Iain also has considerable experience representing prisoners in all types of disciplinary and Parole Board hearings, including recall and lifer cases.
- R v FS (2016) – marital rape;
- R v MI (2015 to date) – murder appeal;
- R v CS (2012) – firearms and witness intimidation;
- R v ZA (2012) – attempted section 18 on A&E doctor;
- R v DF (2012) – rape and strangulation;
- R v BE (2011) – conspiracy to supply heroin;
- R v BL (2011) – firearms;
- R v DC (2009) – people smuggling;
- R v CC (2009) – 11 counts of rape and gross indecency (of client’s brother).
International criminal law
Iain has a long-standing academic and professional interest in international criminal and international human rights law. Iain is currently assigned as counsel before the UN Mechanism for International Criminal Tribunals in The Hague for the defence of the former head of the Serbian state security service, on trial for crimes against humanity and war crimes. From 2012 he represented the rights and interests of a senior Hezbollah commander before the Special Tribunal for Lebanon. Between 2009 and 2012, he was a legal adviser in three defence teams representing clients charged with genocide and crimes against humanity before the International Criminal Tribunal for Rwanda in Arusha, Tanzania. He is included on the lists of eligible defence counsel before the International Criminal Court (both defence and victims), the UN Mechanism for International Criminal Tribunals, and the Special Tribunal for Lebanon.
- Prosecutor v Stanišić & Simatović, MICT-15-96 (2017 to date, Mechanism for International Criminal Tribunals): Iain is assigned by the Registrar as defence counsel for Jovica Stanišić, who was the head of the Serbian state security service within the Ministry of Internal Affairs from 1991 to 1998. He is jointly charged with persecution, murder, deportation and forcible transfer as crimes against humanity, and murder as a war crime. The client is being retried after he was acquitted on all counts before the ICTY. The case is temporally and geographically broad in scope, involving alleged crimes committed against Croat, Bosnian Muslim, Bosnian Croat and other non-Serb civilian populations within large areas of Croatia and Bosnia-Herzegovina between 1991 and 1995.
- Prosecutor v Ayyash & others, STL-11-01 (2012-2016, Special Tribunal for Lebanon): Iain represented Mr Badreddine who was charged, together with four co-defendants, with the 2005 assassination of former Lebanese Prime Minister Rafik Hariri in Beirut, the murder of 21 other persons, and associated acts of terrorism. The STL is the first international criminal tribunal of its kind to try terrorism as a distinct crime. It is also the first international tribunal to try defendants in their absence since the Nazi war crimes trials at Nuremberg. After reports that Mr Badreddine had been killed in Damascus in May 2016, the defence successfully persuaded the Appeals Chamber that there existed sufficient evidence of his death. Consequently, proceedings were terminated against Mr Badreddine without prejudice and with his presumption of innocence remaining intact.
- Prosecutor v Uwinkindi, ICTR-2001-75 (2010-2012, International Criminal Tribunal for Rwanda): The client was charged with genocide and extermination as a crime against humanity. In December 2011 the Appeals Chamber upheld a decision to refer his case to Rwanda for trial before the High Court.
- Prosecutor v Kanyarukiga, ICTR-2002-78 (2010, International Criminal Tribunal for Rwanda): The client was charged with genocide, complicity in genocide and extermination. After trial many specific allegations were found to be not proved but he was convicted of planning genocidal killings and of extermination.
- Prosecutor v Ntawukulilyayo, ICTR-2005-82 (2009-2010, International Criminal Tribunal for Rwanda): The first sous-préfet to be indicted before the ICTR, the client was charged with genocide, complicity in genocide, and incitement to commit genocide. Most of the specific allegations were found to be not proved after trial. This was a rare case where the Trial Chamber convicted by a majority. On appeal, the client was acquitted of ordering acts of genocide and his sentence reduced accordingly.
- Prosecutor v Bemba, Kilolo & others, ICC-01/05-01/13 (2015, International Criminal Court): Assigned as pro bono independent counsel to advise on potential conflict of interest of defence counsel for Jean-Pierre Bemba Gombo.
International human rights
Iain has a long-standing academic and professional interest in international criminal and international human rights law. The tireless defence of his clients’ human rights has been a constant feature of Iain’s practice at home and abroad for many years, often pro bono. In recent years Iain has been invited to speak at numerous international conferences, particularly on fair trial standards.
Prosecutor v Victoire Ingabire & others (2010-2013): Iain was instructed to defend Victoire Ingabire, the chairperson of a coalition of Rwandan opposition parties, charged before the High Court of Rwanda with terrorism, genocide ideology, discrimination, and disseminating false rumours against the government. This was a strategically challenging and politically sensitive case, attracting a great deal of media attention in Rwanda and internationally. All four co-accused pleaded guilty and gave evidence for the prosecution. Legal arguments were advanced based on international human rights law (problems of jurisdiction, non-retroactivity, definitions of international crimes and terrorism) and fair trial norms. Mrs Ingabire was acquitted in October 2012 of four of the six counts after one of the longest criminal trials to have been heard in Rwanda. Appeals were heard before the Supreme Court of Rwanda between March and July 2013, after which the sentence was increased. Mrs Ingabire’s case attracted considerable attention from, among others, Human Rights Watch, Amnesty International and FIDH, and featured widely in the international media.
Iain represented Mrs Ingabire before the High Court of Rwanda pro bono.
Iain is advising other Rwandan nationals in the UK pro bono in relation to High Court actions against the Home Office.
Iain’s expertise in domestic and international criminal law, coupled with his experience of the legal and human rights climate in many different countries – particularly in Central and East Africa – make him an attractive and natural choice of advocate in complex extradition cases. Iain has represented requested persons both at first instance and on appeal before the High Court, and is currently defending one of five men whose extraditions are sought by the Government of Rwanda in relation to allegations of genocide and crimes against humanity.
Government of Rwanda v VB & others (2013 to date): Iain is instructed as junior counsel for Charles Munyaneza, a former Rwandan bourgmestre accused of having participated in the Rwandan genocide of 1994. In December 2015, the Deputy Senior District Judge discharged all the requested persons from extradition after proceedings that lasted more than two years. The case focussed on the ability of the Rwandan criminal justice system to guarantee minimum fair trial rights for those accused of genocide. A huge volume of material was adduced and evidence was called from experts and lawyers specialising in Rwanda. The case also involved an interlocutory judicial review addressing the issue of anonymous witness evidence which went to the Supreme Court. The Government of Rwanda has appealed the discharge; the High Court heard the appeal in November and December 2016.
- LL.M. Public International Law (specialising in international criminal law, UN law, and international human rights law), University College London (1999)
- LL.B. (Hons.) Law with French Law and Language, University of East Anglia (1996)
- DEUF (Diploma in French Law), Université Jean Moulin, Lyon III, France (1995)
Speaking events, training & seminars
- Speaker, Congress of the Fédération des Barreaux d’Europe: achievements of the ICC and other tribunals (The Hague, June 2017);
- Organiser, ICCBA inaugural training day (The Hague, April 2017);
- Trainer, Kosova Bar Association international criminal law programme: pre-trial issues (Pristina, April 2017);
- Speaker, IBA The World in Crisis Conference: refugees as victims of slavery and other crimes (The Hague, February 2017);
- Speaker, Fourth International Meeting of Defence Offices: day-to-day challenges for the defence in court (London, November 2016);
- Trainer, ADC-ICTY: cross-examination, hostile witnesses, submissions (The Hague, September 2016);
- Trainer, Avocats Sans Frontières/ICC: role of duty counsel, ethics (The Hague, June 2016);
- Speaker, CRDH/Université Panthéon-Assas: state cooperation with the defence (Paris, June 2016);
- Speaker, École de Guerre/STL: the defence in in absentia criminal proceedings (The Hague, January 2016);
- Chair, Third Meeting of International Defence Offices: recent developments for defence offices (Geneva, October 2015);
- Speaker, Conference on International Criminal Law: the defence before international criminal tribunals (Dakar, July 2015);
- Speaker, Bar of The Hague/STL: challenges for the defence in in absentia proceedings (The Hague, February 2015);
- Speaker, International Symposium on the Legacy of the ICTR: fair trial rights in Rwanda (Arusha, November 2014);
- Speaker, Human Rights Defenders Focal Point: human rights issues in the trial of Victoire Ingabire (Kigali, May 2013);
- Speaker, Bar of Liège/BPICB: ethics before the ad hoc international criminal tribunals from a defence perspective (Liège, February 2013).
- Chair, Professional Standards Advisory Committee, International Criminal Court Bar Association
- Chair, Training Committee, International Criminal Court Bar Association
- Section on pre-trial procedures in the forthcoming ‘Blackstone’s International Criminal Practice‘ (2017)
- Contributor to ‘Universal Jurisdiction in Europe – Criminal Prosecutions in Europe Since 1990 for War Crimes, Crimes Against Humanity, Torture and Genocide’ (REDRESS, 1999)
- French (fluent)
Hobbies & interests
- Scuba diving
- Good food