Jonathan has a substantial public international law practice focusing on long-term advisory work, litigation and arbitration. Jonathan is highly experienced working with clients on a long-term basis to develop solutions to complex legal and policy issues across all areas under public international (including international criminal law, international human rights and peace processes). In addition, Jonathan, has more than two years of experience working for the Foreign & Commonwealth Office as an Assistant Legal Adviser on issues relating to the law of treaties, EU withdrawal and overseas territories and maritime law.
Jonathan is a Visiting Lecturer in public international law at King’s College London and a Senior Legal Adviser with the Public International Law & Policy Group in Washington DC. He has published widely on a variety of areas within international law and is a leading expert on peace processes and the peaceful resolution of major international and non-international armed conflicts.
Example of current and recent public international law litigation and arbitration include:
- Chagos Request for an Advisory Opinion (ICJ) – junior counsel for the United Kingdom 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.
- 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 and Commonwealth 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.
Examples of current and recent long-term and significant public international law advisory work include:
- EU Withdrawal – advising and acting for the Foreign & Commonwealth Office and other United Kingdom government departments (including MOJ and DEFRA) on a continuing basis in respect of complex legal and policy issues arising out of the UK’s withdrawal from the EU, including advising on issues relating to the Agreement on the withdrawal of the UK from the EU and European Atomic Energy Community (2017 to present).
- Sanctions – advising the Foreign & Commonwealth Office on various sanctions issues (led by Sir Alan Dashwood QC).
- Treaty law – advising various UK Government departments on complex treaty issues relating to approximately 30+ treaties. Issues advised on have included questions relating to form and substance, termination, suspension, revival, reservations and declaration, entry into force, State succession, territorial application and dispute resolution.
- An unprecedented, large-scale and comprehensive investigation into international crimes that have taken place in Myanmar against the Rohingya – acting as part of a team that conducted an investigation into crimes that have been committed against the Rohingya and drafting a full report (led by Dr Paul R. Williams and Michael P. Scharf).
- 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 businesswomen 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).
- An African State – counsel to an African State on issues relating to the investigation and prosecution of international crimes (2016 – present).
- A maritime boundary delimitation – acting for a State (details confidential).
- Treaty ratification – advising a group of States on various aspects of ratifying a protocol to a multilateral treaty (details confidential).
- Customs Cooperation and Mutual Administration Assistance Agreements – advising UK Government departments on questions relating to customs related issues and CCMAAs with third countries (sole counsel).
- 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).