International criminal and humanitarian law is at the forefront of Toby's practice. Along with other members at Guernica 37, he has been involved in several high-profile matters prosecuting, defending and acting for victims before international tribunals, hybrid courts and human rights monitoring bodies including the International Criminal Court (ICC), International Tribunal for the Former Yugoslavia, Bosnia and Herzegovina War Crimes Chamber, and Bangladesh International Crimes Tribunal. Previous cases have included President Uhuru Kenyatta, former President Pervez Musharraf, former Vice President of Bosnia and Herzegovina Ejup Ganic, General Karake Karenze of Rwanda, the political leadership of Bangladesh Jamaat-e-Islami, and more recently the President of Syria Bashar al-Assad.
Bangladesh: Since October 2010 instructed by Jamaat E Islami to represent their members prosecuted by the Bangladesh War Crimes Tribunal.
Kenya: From 2010-2012 instructed with Steven Kay QC and Gillian Higgins of 9BRi to represent one of the suspects accused of post election violence in 2008 currently being investigated by the International Criminal Court.
Criminal Defence Office, War Crimes Chamber of the Court of Bosnia and Herzegovina: From 2003-2004 served as first Head of the Criminal Defence Office of the War Crimes Chamber.
Special Department for War Crimes, Prosecutor’s Office of Bosnia and Herzegovina: From 2004-2008 served as the Head of the Prosecution Support Section, Head of Legal Advisory Section for War Crimes and Senior Legal Counsel to the Chief Prosecutor.
Kadic et al v. Radovan Karadzic (2009-2011): Recognition of foreign judgment and seizure of assets to satisfy damages of US$750 million awarded by the US District Court, Southern District of New York and confirmed by the United States Court of Appeal, Second Circuit under the Alien Tort Claims Act for acts of genocide committed during the Bosnian conflict.
Alan Hodgson v. Secretary of State for Justice; Governor of HMP Ryehill (2011): Administrative Court of England and Wales. Judicial review proceedings of the claimant’s transfer from the Republic of Ghana to serve a sentence in the United Kingdom under a transfer of prisoner agreement. The case concerns a sentence of 25 years for drug trafficking offences in the Republic of Ghana. Seeking a High Court writ of habeas corpus on the grounds that the claimant is unlawfully detained on the basis that he was the victim of a flagrant denial of justice in the Republic of Ghana.
Bosnia and Herzegovina v. Sefik Alic (2007): Court of Bosnia and Herzegovina. Member of the prosecution team involved in the prosecution of members of the Army of Bosnia and Herzegovina for crimes committed against prisoners of war during Operation Storm in July 1995. The case involved complex legal questions relating to the law of command responsibility in particular as related to the Bosnian military structures and their command over the El Mujahedin unit. The case also involved mutual assistance requests in several foreign states.
Bosnia & Herzegovina v. Zeljko Mejakic et al (2005): Court of Bosnia and Herzegovina. This was the first case tried before the Court of Bosnia and Herzegovina alleging a joint criminal enterprise for crimes committed in the context of a concentration camp. I was also responsible for coordinating mutual legal assistance with two states that contributed to the successful conviction of all defendants.
Bosnia & Hercegovina v. Radovan Stankovic (2004): Court of Bosnia and Herzegovina. Member of the prosecution team on the first case referred by the U.N. International Criminal Tribunal for the Former Yugoslavia. The defendant was successfully convicted of crimes against humanity and sentenced to 20 years imprisonment.
United Nations International Criminal Tribunal for the Former Yugoslavia, Rule 11bis Referral Chamber (2004-2006): U.N. International Criminal Tribunal for the Former Yugoslavia. Member of the prosecution team on behalf of the Prosecutor’s Office of Bosnia and Herzegovina in the Rule 11bis referrals, the first cases referred by an international tribunal, in the cases of Prosecutor v. Radovan Stankovic; Prosecutor v. Zeljko Mejakic et al.; Prosecutor v. Mitar Rasevic & Savo Todovic; Prosecutor v. Gojko Jankovic; Prosecutor v. Milan Lukic & Sredoje Lukic; and Prosecutor v. Pasko Ljubicic.
Syla v. Bosnia and Herzegovina (2003): Human Rights Chamber for Bosnia and Herzegovina. First extradition case before the Bosnian State Court. Established violations of lawfulness of detention in extradition proceedings, right of habeas corpus and right of access to court.
Basic & Cosic v. Bosnia and Herzegovina; Federation of Bosnia and Herzegovina (2003): Human Rights Chamber for Bosnia and Herzegovina. Leading case on the presumption of innocence and adverse medial reporting of a criminal trial. Case further established the right to have custody determined by a judge.
Boudellaa et al. v. Bosnia and Herzegovina; Federation of Bosnia and Herzegovina (2002): Human Rights Chamber for Bosnia and Herzegovina. The first case before a human rights body concerning the unlawful removal of suspected terrorists and challenging detention at Guantanamo Bay, Cuba. The case involved consideration of the circumventing of extradition procedures, fair trial guarantees at the military tribunals, the extra-territorial application of the European Convention on Human Rights and the presumption of innocence in a non-criminal context. The case also became the first habeas corpus challenge before the US civilian courts (Boumediene v. Bush, 553 U.S. 723 (2008)).