Jonathan has a substantial public international law practice spanning all areas of public international law (law of the sea; the law of treaties; immunities; State responsibility; international criminal law; international environmental law etc.). He is particularly experienced in high-stakes international negotiations and often works with clients on an ongoing and long-term basis to find solutions to complex legal and policy issues.
Jonathan has more than three years of experience working for the Foreign, Commonwealth & Development Office as an Assistant Legal Adviser on issues relating to the law of treaties, EU withdrawal, overseas territories and law of the sea.
Current and recent work includes:
Litigation and arbitration
- Chagos Request for an Advisory Opinion (International Court of Justice) – junior counsel for the UK before the International Court of Justice.
- Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar (International Criminal Court) – investigation into crimes against the Rohingya cited more than 20 times in the Court’s decision and more than 50 times by the Prosecutor in her request to commence an investigation.
- Prosecutor v. Bosco Ntaganda (International Criminal Court Appeals Chamber) – invited by the Appeals Chamber of the International Criminal Court to appear amicus on the meaning of “attacks” in Article 8(2)(e)(iv) of the Rome Statute.
- Lazareva v Kuwait (Kuwait – Russia 1994 BIT) – working with Crowell & Moring on aspects of the Lazareva v Kuwait ICSID administered investment claim (claims arising out of a series of measures by Kuwaiti authorities, including unsubstantiated charges against the claimant, her harassment and improper detention).
- Micula & Others v Romania (Commercial Court: Court of Appeal: Supreme Court) – junior counsel for the First Claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20 (led by Sir Alan Dashwood QC and Patrick Green QC).
- A v State B (Commercial Court) – acting for a claimant in relation to a $25m arbitration enforcement. Complex questions as to State Immunity and service (details confidential) (sole counsel).
- Bancoult (No 5) and Chagossian Committee Seychelles v. Secretary of State for Foreign and Commonwealth Affairs – acting for the Foreign, Commonwealth & Development Office in judicial review proceedings arising out of UK policy regarding the British Indian Ocean Territory; focus of work on PII.
- Cyprus Colonial litigation – junior counsel for the Foreign & Commonwealth Office in claims relating to alleged historic abuse.
International negotiations and significant long-term advisory projects
- EU Withdrawal – acting for the UK and advising the Foreign, Commonwealth & Development Office and other UK Government departments (including MOJ and DEFRA) on a continuing basis in relation to various matters arising out of the UK’s withdrawal from the EU, ranging from new treaty negotiations to fisheries and dispute resolution (2017 to present) (details confidential).
- Sanctions – advising the Foreign, Commonwealth & Development Office on various sanctions issues (led by Sir Alan Dashwood QC).
- Treaty law – acting for the UK and advising UK Government departments on complex treaty issues relating to approximately 50+ treaties. Issues have included questions relating to form and substance, termination, suspension, revival, reservations and declaration, entry into force, State succession, territorial application and dispute resolution.
- Maritime boundary delimitations – acting for a Government in maritime boundary delimitation negotiations (details confidential).
- Marsha Lazareva v Kuwait (human rights complaints) – counsel to Marsha Lazareva in her human rights complaints against Kuwait. Marsha Lazareva is a Russian national and businesswoman who is detained in Kuwait on charges of embezzlement. Complaints submitted to the UN Working Group on Working Group on Arbitrary Detention, Special Rapporteurs, UN Reprisals mechanisms and engagement with the UN through the Universal Periodic Review (led by Cherie Blair CBE, QC).
- Sudan’s peace process – legal adviser to parties to Sudan’s peace process on various technical legal and process related issues including ceasefires, accountability mechanisms and resource sharing. Working closely with the Peace Commission of Sudan; the UN Mediation Support Unit; and South Sudan Mediation throughout (2019 – present) (led by Dr Paul R. Williams).
- Yemen’s peace process – advising parties to Yemen’s peace process on a variety of transition issues, including state structure, constitutional drafting processes and UN engagement (2018 – present) (led by Dr Paul R. Williams).
- Syria’s peace process – advising members of the Syrian opposition during Geneva peace negotiations and the UN led Constitution drafting processes with the Government of Syria (2016 – present) (led by Dr Paul R. Williams).
- Burma’s peace process – advising the United Nationalities Federal Council of Burma during peace negotiations with the Government of Burma, including ceasefires, State structure and resource sharing (led by Dr Paul R. Williams).
- A Permanent Mission of a State to the WTO – adviser to the Permanent Mission of a State to the World Trade Organization and other economic institutions.
- The Permanent Mission of Sierra Leone to the UN Human Rights Council – legal adviser to the Permanent Mission of Sierra Leone to the UN Human Rights Council. Attended 23rd, 24th and 27th sessions of the UN Human Rights Council as a member of Sierra Leone’s delegation. Acted in negotiations resulting in the first ever UN resolution on early and child forced marriage.
- An Individual v a European State – advising on the extra-territorial application of the ECHR and the merits of a potential application to the ECHR (led by Cherie Blair CBE QC).
- Universal Periodic Review – strategic and legal advice to a State in respect of various aspects of its Human Rights Council Universal Periodic Review (led by Cherie Blair CBE QC).