International criminal law is the core of Toby's practice and the work for which he is best known. He has acted for the defence, the prosecution and victims in proceedings concerning war crimes, crimes against humanity, genocide and terrorism. He is on the List of Counsel at the International Criminal Court and the Kosovo Specialist Chambers, and has been ranked by Chambers and Partners for International Crime every year since 2017.

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His practice began in the Balkans. From 2003 he worked inside the institutions built to deal with the aftermath of the Bosnian war: as the first Head of the Criminal Defence Office at the War Crimes Chamber of Bosnia and Herzegovina, and then as Head of the Legal Section for War Crimes and Senior Legal Counsel to the Chief Prosecutor of the Special Department for War Crimes, including on cases referred from the ICTY under Rule 11 bis. Building a national war crimes system from the inside, on both sides of the courtroom, has shaped how he approaches every case since.

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He now appears before international, hybrid and national courts, and advises across the full life of an accountability process: investigation and evidence-gathering, communications to the ICC Prosecutor, universal jurisdiction proceedings, defence at trial and on appeal, and offences against the administration of justice. He has led inquiries into genocide and acts of terrorism, designed training for lawyers and investigators working on Syria, Iraq and the Balkans, and advised the Office of the Chief Prosecutor of the International Crimes Tribunal of Bangladesh.

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SELECTED WORK

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• Lead counsel for Nasim Haradinaj in Prosecutor v Gucati and Haradinaj before the Kosovo Specialist Chambers. [Confirm: trial and appeal.]

• Special Adviser to the Chief Prosecutor, International Crimes Tribunal of Bangladesh.

• Member of the prosecution team in the ICTY Rule 11 bis referral proceedings, including Stanković, Mejakić et al. and Lukić and Lukić.

• First Head of the Criminal Defence Office, War Crimes Chamber of Bosnia and Herzegovina.

• Amicus curiae submissions before the International Criminal Court. [Confirm situation or case.]

• Training manuals on war crimes and human rights investigations for Syrian lawyers, commissioned by the IBA Human Rights Law Committee.

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