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Provided by Rabah Kherbane
Administrative & Public Law
Criminal Law
Sanctions
International Law
Public International Law
Criminal Appeals
Business Crime & Investigations
Rabah specialises in judicial review, terrorism and national security cases. His practice encompasses public law, terrorism and murder trials, sanctions, public international law, criminal appeals, asset recovery and media law. He is experienced in high-profile and politically sensitive cases.
Rabah’s previous cases include:
Terrorism and murder: Allegations of support for or membership of a proscribed organisation; Journalists and academics charged under terrorism legislation; “Foreign fighter” case, where a confession was obtained by ill-treatment overseas; The Gray’s Inn Bomb plot; Bomb hoax at the US Embassy in London; Parole case for London Stock Exchange bomb plot conspirator; Murder trials, including joint enterprise torture-killings, stabbings and multiple casualty shootings. Rabah regularly advises organisations and individuals on terrorism legislation. Rabah previously assisted in the representation of two Guantanamo Bay detainees.
Public law: Judicial review challenges on terrorism and national security issues; Acting for the United Nations Special Rapporteur on Counter-Terrorism and Human Rights as intervener in a claim for judicial review against a proscription decision; Terrorism prevention and investigation measures (TPIMs) and similar proceedings in the High Court; SIAC proceedings; Challenges to the use of Schedule 3 or Schedule 7 of the Terrorism Act 2000; Judicial review of categorisation or Parole Board decisions, including for “terrorist offenders”; Expedited or urgent claims for judicial review, including an urgent claim against the refusal of the Director of Public Prosecutions to issue an arrest warrant for war crimes and an out of hours application for a writ of habeus corpus.
Sanctions: Compliance and enforcement advice for corporates and law firms, including on counter-terrorism, Russia and Syria sanctions regimes; Challenge to an alleged breach of EU sanctions regulations by Russian businessman resulting in an acquittal in Norway; De-listing petitions before the UN for alleged membership of proscribed organisation.
Public international law: Advice on immunities; Proceedings before UN bodies to challenge the arbitrary detention of a former Prime Minister of a Gulf State; Representation for a US national who waived diplomatic immunity.
Criminal appeals: Court of Appeal judgment taking the law “one step further” on the right to a fair trial and permissible comment by a trial judge; Successful appeals against conviction and sentence including overturning a finding of dangerousness in a terrorism case.
Financial crime and asset recovery: Account freezing orders, including on foreign bribery and corruption; Terrorist account freezing orders; Restraint and civil recovery proceedings linked to multi-jurisdictional criminal investigations.
Media: Advice on journalistic activity that may engage Official Secrets Act; Actions for defamation related to allegations of extremism.
Rabah has a BCL (master’s degree) from the University of Oxford, with a specialism in terrorism and national security, human rights, and public international law.
Rabah was the Oxford Bonavero Institute Fellow and then the Bertha Justice Fellow at Reprieve. He worked on terrorism and national security cases, such as the Third Direction litigation at the Investigatory Powers Tribunal.
Rabah was also Judicial Assistant to Mr Justice Swift when he was the judge in charge of the Administrative Court. Rabah worked on judicial review and media cases in the High Court, and appeals in the Court of Appeal.
Kalisher Trust (Trustee)
ALBA
Inner Temple
Terrorism and Murder
Rabah is routinely instructed in high-profile and complex terrorism, national security, and murder trials. He is instructed in significant cases as leading counsel or as sole counsel. Ranking him as a leading barrister, the Legal 500’s most recent directory highlighted “Rabah Kherbane is regularly involved in major cases at the Old Bailey.”
Rabah advises organisations and individuals on terrorism and national security legislation. He has advised journalists and media organisations, authors and publishers, performers/artists and their agents, lawyers and law firms, academics, trade unions, charities, and non-governmental organisations.
Administrative and Public Law
Rabah practises in all areas of public law, in particular judicial review cases relating to terrorism, national security, prison law, and criminal justice issues. He is experienced in proceedings that give rise to sensitive material, such as challenges to TPIMs, proceedings in SIAC, and cases concerning the use of intrusive surveillance or data retention powers.
Rabah has a track record of successful public law challenges. He is regularly instructed to challenge decisions made by police forces, the security service, government departments, first instance courts, the prison service, the Parole Board, and other public bodies.
Rabah has advised clients including international organisations and charities on statutory obligations and powers under terrorism legislation and sanctions regulations, including where challenges are available to them.
Sanctions
Rabah advises individuals (including lawyers) and corporate entities on sanctions compliance, including those facing enforcement for alleged sanctions breaches. Rabah has experience of UN and EU sanctions regulations, counter-terrorism sanctions, and the sanctions regimes relating to Russia and Syria.
Rabah has been instructed in sanctions-related challenges both in the UK and abroad. Rabah has also been instructed in petitions for de-listing. He has challenged UN and EU listings for individuals sanctioned on the basis of alleged membership to proscribed organisations.
Public International Law
Rabah has a strong background in public international law, having both taught and assisted on research at the University of Oxford on issues of state responsibility and immunities.
Rabah has advised several high-profile NGOs on public international law obligations on sensitive issues, for example in relation to ongoing conflicts in the Middle East. Rabah regularly advises on the interpretation and application of public international law. He has advised individuals, NGOs, international organisations, and foreign government officials.
Rabah is experienced in the use of international law mechanisms to progress a case, including applications before UN bodies and Special Rapporteurs, and proceedings in international, regional, and overseas/domestic courts.
Rabah also has experience in international humanitarian law and international criminal law, including in proceedings before international criminal courts, for example having acted in the Karadzic case at the International Criminal Tribunal for the former Yugoslavia.
Criminal Appeals
Rabah is regularly instructed to advise on fresh appeals against conviction (including CCRC referrals) and sentence. He is experienced in appeals to the Court of Appeal, the Supreme Court, the Privy Council, and the European Court of Human Rights.
Rabah has obtained exceptional results in appeals and has advised on miscarriages of justice for historic convictions.
Financial Crime and Asset Recovery
Rabah is experienced in proceeds of crime cases, including restraint, confiscation, and civil recovery. He has experience of POCA/asset recovery cases engaging multi-jurisdictional and multi-million-pound criminal investigations. Rabah is regularly instructed in cases concerning all assets orders, account freezing orders and terrorist account freezing orders.
Rabah has advised on high-profile and sensitive investigations concerning bribery, corruption, sanctions, and terrorism allegations.
Media
Rabah accepts instructions in all media and information law cases, including defamation, privacy, data protection, and open justice matters.
Rabah has advised on journalistic activity that may engage the Official Secrets Act. He has expertise on issues related to reporting restrictions and in contempt proceedings.
French
Arabic
BCL (Distinction) – University of Oxford
LLB (First-Class Honours, top in the year) – The City Law School
Peter Duffy Memorial Award, Human Rights Lawyers Association
Global Justice Award, University of Oxford
Bonavero Institute of Human Rights Fellowship, University of Oxford
Senior Scholarship, University of Oxford
Hackney BCL Scholarship, University of Oxford
Geoffrey Nice Foundation Scholarship. Inner Temple
Major Scholarship (full BPTC Award), Inner Temple
Provided by Chambers
Rabah Kherbane of Doughty Street Chambers advises on compliance and challenges related to EU and UN sanctions regimes, including cases involving asset freezes, de-listing petitions and cross-border financial transactions.
Provided by Chambers
Rabah Kherbane is a brilliant junior. His grasp of the law and facts is just unrivalled. He is exceptional.
He is a bright star. He is really hard-working and switched on.
His advocacy is good.
Rabah Kherbane is an excellent barrister who always fights tooth and nail for his clients. He has a depth of knowledge and experience, and presents submissions with great clarity and persuasion.
Rabah Kherbane is a fierce advocate both orally and in writing. He does not shy away from fighting for his clients.
Rabah Kherbane is a brilliant junior. His grasp of the law and facts is just unrivalled. He is exceptional.
He is a bright star. He is really hard-working and switched on.
His advocacy is good.
Rabah Kherbane is an excellent barrister who always fights tooth and nail for his clients. He has a depth of knowledge and experience, and presents submissions with great clarity and persuasion.
Rabah Kherbane is a fierce advocate both orally and in writing. He does not shy away from fighting for his clients.