Wayne Jordash QC

w.jordash@doughtystreet.co.uk

Year of Silk

2014

Year of Call

1995
Wayne Jordash QC
Profile

Wayne Jordash QC specialises in international criminal and business and human rights law. Having begun his career in the commercial field with Clifford Chance LLP, he has since practiced in the field of human rights in the UK and in many of the international courts, including the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia (ICC, ICTY, ICTR, SCSL and ECCC) as well as the International Court of Justice (ICJ). 

 

His current work includes: acting as Counsel to the Libyan government at the ICC (in the Gaddafi and Al-Senussi cases); Counsel to the Serbian Government at the ICJ (defending allegations of violations of the Convention on the Prevention and Punishment of the Crime of Genocide 1948 and advancing a counterclaim) and Counsel for the Serbian government’s ex-Chief of State Security at the ICTY (the first head of state security to be tried by an international criminal court).

 

His advisory work has included providing specialist advice to Human Rights Watch on qualified privilege for human rights workers, the International Commission of Jurists on the prospects of prosecuting a sitting head of state for alleged Crimes against Humanity and a Columbian NGO on the FARC and ICC related transitional justice issues. He is also a Consultant to the United Nations Development Programme (conducting a human rights due diligence assessment of the Vietnamese Criminal Code).

 

Clients have included a mayor (Baglishema) and a prominent businessman (Bagaragaza) at the ICTR and the leader of the Sierra Leonean Revolutionary United Front (RUF) (Sesay) at the SCSL. He also acted as an advisor to the Principal Defender at the ECCC advising on a range of international law issues relevant to the defence of former Khmer Rouge members of the Pol Pot regime, including the deputy to Pol Pot (Nuon Chea) and the former Minister of Foreign Affairs, Khieu Samphan

 

As one of the founding partners of Globalrightscompliance LLP, Wayne has recently been appointed as the key expert in the Council of Europe’s business and human rights program for legal professionals. Globalrightscompliance LLP is an advisory firm specializing in providing business and human rights due diligence to business and government, including those operating in conflict-affected and other high-risk areas of the world.

 

Publications

 

  • Business and Human Rights in Conflict Areas – Steps that States and Business Enterprises Can take to Identify, Prevent, and Mitigate the Adverse Human Rights Impacts of Certain Business Activities (to be published in 2014).
  • Contribution in “Pluralism in International Criminal Law”; Evidentiary Challenges for the Defence in Domestic and international prosecutions of international crimes (to be published in 2014).
  • Contribution to the “Sierra Leone Special Court and its Legacy: the Impact for Africa and International Criminal Law: How the Approach to JCE in Taylor and the RUF case Undermined the Demands of Justice at the SCSL” (2013)(Cambridge University Press).
  • Joint Criminal Enterprise Liability: Result Orientated Liability (2013) (The Ashgate Research Companion to International Criminal law: Critical Perspectives).
  • Contribution to Taylor on Appeals (2011) (Oxford University Press) - a practitioners textbook dealing with procedural aspects of criminal appeals and review in the English jurisdiction as well as the European Court of Human Rights, the Judicial Committee of the Privy Council and the human rights bodies under the auspices of the United Nations, and Inter-American Commission and Court.
  •  The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy - Judicial Creativity at the International Criminal Tribunals (2010) (Oxford University Press).
  • Failure to Carry the Burden of Proof: How Joint Criminal Enterprise Lost its Way at the Special Court for Sierra Leone (2010)(Journal of International Criminal Justice).
  • Trials in Absentia at the Special Tribunal for Lebanon: Incompatibility with International Human Rights Law (2010) (Journal of International Criminal Justice).
  • Due Process and Fair Trial Rights at the Special Court: How the Desire for Accountability Outweighed the Demands of Justice at the Special Court for Sierra Leone (2010) (Leiden Journal of International Law).
  • The Practice of 'Witness Proofing' in International Criminal Tribunals: Why the International Criminal Court Should Prohibit the Practice  (2009) (Leiden Journal of International Law).

 

Commercial Experience

Wayne began his career in 1995 working at Clifford Chance Solicitors as a legal assistant. He was a member of the legal team involved inthe privatisation of British Rail and British Coal.

International Crime

Over the last decade, Wayne has been instructed to appear to represent clients at most of the international and hybrid criminal tribunals.

Clients have included a mayor from Rwanda (Baglishema), a government sponsored businessman (Bagaragaza) and the leader of the Sierra Leonean Revolutionary United Front (RUF) (Sesay).

His practice also includes a wide range of consultancies, e.g., advising on domestic prosecutions of international crimes and related humanitarian law issues. This work has included advising at the ECCC on a range of international law issues relevant to the defence of former Khmer Rouge members of the Pol Pot regime, including the deputy to Pol Pot (Nuon Chea) and the former Minister of Foreign Affairs, Khieu Samphan), advising the Libyan Ministry of Justice (on the viability of domestic prosecutions), the International Commission of Jurists (prosecution of international crimes), and the Cambodian Centre for Human Rights (CCHR) (on a range of international, criminal and human rights law issues for the NGO that works to promote democracy and human rights throughout Cambodia).

Additionally, Wayne lectures worldwide on a range of humanitarian and criminal law issues, including in 2012/13: “Evidentiary Challenges for the Defence in International Criminal Law”, “Case Selection at the SCSL and its Impact upon Legacy”, and “Prosecutorial Responsibilities: Partisan Advocates or Ministers of Justice?”

Other Serious Criminal Offences

Prior to specializing in international law, Wayne’s practice was principally focused on criminal defence work in the UK courts, including the Privy Council. Examples of his work include:

  • R v Wright [June 2001], Central Criminal Court. Prosecution of Alleged Murder.
  • R v Redfern [June 1999], Leicester Crown Court. Prosecution of a senior police officer following a 2-year investigation by the National Crime Squad into alleged corruption by serving police officers.
  • R v Duberry [January 1999], Hull Crown Court. Prosecution of high profile footballers from Leeds United for Violent Disorder and Grievous Bodily Harm ("The Leeds Football Case").
  • R v Brown [January – March 1998], Central Criminal Court. Prosecution of Violent disorder at the London Notting Hill Carnival. See reported case: Brown, The Times August 25, 2000 – The mens rea of Violent Disorder.
  • Osman v DPP [July 1997], High Court. Prosecution of Affray. See reported case: Osman v. DPP, The Independent (C.S.) July 26, 1997 DC - The unlawful exercise of statutory powers to search without arrest.
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