Barrister profile for UK Bar 2022
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Crime: International Criminal Law - London (Bar)
Ben Joyes' international criminal law practice is complemented by his specialism in extradition. He has experience of handling cases in Kenya and Cambodia and is appointed to the lists of counsel of both the International Criminal Court and the Kosovo Specialist Chambers. He often takes instructions as defence counsel in cases relating to crimes against humanity and genocide.
Strengths: "A highly intelligent and motivated junior."
Recent work: Defended Dominic Ongwen at the ICC, who was abducted by Joseph Kony’s Lord’s Resistance Army at the age of ten when returning from school. He was forced to participate in combat and violent acts as a child and was charged with crimes against humanity.
This content is provided by Ben Joyes
Ben specialises in international criminal law, international human rights, extradition and complex financial crime.
Ben has acted in some of the most high profile international criminal cases of the last decade, in particular before the International Criminal Court. He represents and conducts advisory work on behalf of governments, organisations and individuals. The international nature of his practice demands that he is comfortable operating in adversarial and inquisitorial systems. Similarly, he acts in cases before tribunals that adhere to both the civil and common law traditions. Ben is comfortable dealing with the vast volumes of evidence that are commonplace in international litigation. Experienced operating in hostile conditions, he conducts sensitive defence investigations with care and precision. In both Kenya and Cambodia, Ben interviewed sensitive witnesses and provided legal assistance to police, military and communications experts. He has worked closely with intelligence professionals on the collection and analysis of complex financial and communications evidence.
Ben represents individuals and organisations in cases involving violations of international human rights law. He has developed particular expertise in respect of a number of regional tribunals, including the European Court of Human Rights, Court of Justice of the European Union, African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights and the Southern African Development Community Tribunal. Ben has significant experience conducting capacity building projects overseas.
Ben is a specialist extradition practitioner. He regularly represents individuals and requesting States in contested extradition hearings before Westminster Magistrates’ Court and on appeal before the High Court.
Ben has substantial experience in large-scale international fraud, bribery and corruption cases.
INTERNATIONAL CRIME NOTABLE CASES
The Prosecutor v. Dominic Ongwen - International Criminal Court
Ben was engaged as a legal consultant for the defence team representing Dominic Ongwen, the first former child soldier to be tried at the Court.
The Prosecutor v. Uhuru Kenyatta - International Criminal Court
Ben was a long-term member of the defence team that represented Uhuru Kenyatta, the President of Kenya, before the ICC. Ben played a key role in laying bare the investigative flaws in the Prosecution’s case that eventually led to the withdrawal of all charges and the termination of the case against President Kenyatta by Trial Chamber V(B) in 2015
Case 004/02 - Extraordinary Chambers in the Courts of Cambodia
Ben was also instructed to represent Ao An, an alleged former Khmer Rouge leader accused of genocide, crimes against humanity and violations of the 1956 Cambodian Penal Code. On 10 August 2020, the Supreme Court Chamber of the ECCC issued a landmark ruling terminating the proceedings against Ao An. Following 13 years of investigation, the Court could not agree that it had jurisdiction to prosecute Mr Ao An.
EXTRADITION NOTABLE CASES
Enasoaie v Romania  EWHC 69 (Admin)
Lead Divisional Court case considering specialty (section 17 of the Extradition Act 2003) and the disaggregation of sentences in Romanian courts.
R (Klocek) v Westminster Magistrates’ Court  EWHC 1632 (Admin)
Divisional Court case considering the ‘exceptional’ nature of the remedy of judicial review in extradition proceedings.
Celczynski v Poland  EWHC 3450 (Admin),  4 W.L.R. 21,  12 WLUK 181; and  4 WLUK 327
Case considering the extent of the High Court’s judicial review jurisdiction in extradition proceedings: judicial review is available to correct illegality in appropriate exceptional cases where the court does not have jurisdiction to deal with that illegality under the appeal provisions of the Extradition Act 2003.
International Criminal Court – List of Counsel
Kosovo Specialist Chambers – List of Counsel
Extraordinary Chambers in the Courts of Cambodia – List of Legal Consultants
Serious Fraud Office Advocate Panel – C Panel
CPS Specialist Extradition Advocate Panel - Level 3
Defence Extradition Lawyers Forum - Committee Member
Ben is regular contributor to the CrimeLine Extradition Hub