Policy paper

Her Honour Judge Joanna Korner CMG QC: United Kingdom candidate for the International Criminal Court

Published 5 June 2020

This was published under the 2019 to 2022 Johnson Conservative government

Foreword by the Foreign Secretary

I commend the candidature of Judge Joanna Korner CMG QC for election as a judge of the International Criminal Court (ICC). Judge Korner has been selected to be the United Kingdom candidate following a competitive and open process and she seeks to fill the vacancy left open by the completion of the term of Judge Howard Morrison QC at the Court.

Judge Korner is exceptionally well qualified to sit as a judge of the ICC, having extensive judicial experience and expertise in the field of international criminal justice. As a Senior Prosecuting Trial Attorney at the International Criminal Tribunal for the former Yugoslavia (ICTY) for eight years in total, Judge Korner acted as lead prosecutor in the trials of political and military leaders accused of the gravest international crimes, including in the trial of Mićo Stanišić and Stojan Župljanin. This experience of leading a multi-national and multi-disciplinary team, working effectively with colleagues from both civil and common law jurisdictions, is highly relevant to the work of the ICC.

Judge Korner also has 26 years of judicial experience. She routinely tries the most serious and complex criminal cases in domestic courts, including cases of fraud and murder. Judge Korner has expertise in the handling of vulnerable witnesses, particularly those who are the victims of alleged sexual violence.

Her prosecutorial and judicial experience have made her a leader in international criminal law. She was instructed by the Organisation for Security and Co-Operation in Europe to conduct an assessment of the processing of war crimes in Bosnia and Herzegovina. She assisted with the establishment of the War Crimes Section of the Prosecutor’s Office in Bosnia and Herzegovina. She regularly provides training in international criminal law to judges and lawyers, including in Bulgaria, Cambodia, Colombia, Iraq, Lebanon, Macedonia, Nigeria, Peru and Tunisia, and has provided advocacy training for United Nations agencies, the ICTY, the Special Court for Sierra Leone and the ICC.

Judge Korner has provided training domestically on a wide variety of topics, including handling of vulnerable witnesses and the conduct of long and complex trials. Her extensive involvement in international and domestic training, both for judges and advocates, demonstrates her commitment to developing the highest standards in criminal law and the level of respect for her internationally.

The United Kingdom has long been an active supporter of international criminal justice and ending impunity for those who commit the most egregious crimes, including by supporting the mission of the ICC. The election of Judge Korner will build on the important contribution that British international lawyers and judges have made to the Court’s work and we are confident that she will make a strong contribution to the future development of the Court, and to international criminal law. As part of the election process, we hope that ICC states will have the opportunity to meet and engage with Judge Korner. In so doing, I am confident that you will recognise her judicial expertise and notable experience in the field of international criminal justice.

I commend Judge Korner CMG QC to you.

Judge Korner on her ICC candidacy

I believe that with my extensive national and international experience, my deep understanding of different legal traditions, my drive to set the highest standards in criminal law, my expertise in handling vulnerable witnesses, and my passion for justice, I can make a tangible and positive contribution to the judicial work of the Court.

Judge Korner’s Five ICC Pledges

I pledge to bring meticulous knowledge and extensive judicial experience to the Court

I have a deep knowledge and experience of criminal justice and how it functions both domestically and internationally. This comes from my many years as a defence and prosecuting lawyer in the UK, my 25 plus years as a part- and full-time sitting judge and my 8 years as a Senior Prosecuting Trial Attorney at the International Criminal Tribunal for the former Yugoslavia. I have prosecuted political and military leaders accused of the gravest international crimes and tried the most complex criminal cases, including murder and fraud.

I pledge to uphold an effective, transparent and well-respected Court to further its fight against impunity

When working to enhance legal systems in different parts of the world, for instance through assisting with the establishment of Bosnia and Herzegovina’s War Crimes Section of the Prosecutor’s Office, transparency and efficacy are central to my work. It is my belief that if the Court is efficient, and displays the highest standards of professionalism and transparency, its decisions will be respected.

I pledge to work collaboratively with all judges across the legal spectrum to conduct court proceedings consistently and efficiently

In partnership with other judges, I will work to ensure that our reasoning is of the highest quality and our judgments consistent, and that trials are managed professionally, effectively and consistently. I will use my national and international experience, and my deep knowledge and understanding of different legal traditions, to bring rigorous analysis and organisational skills to the judicial work of the Court.

I pledge to continue to be a judge who upholds the highest standards of integrity, independence, impartiality and professionalism

It is imperative that those involved in fighting against impunity for criminals who commit the most egregious crimes, uphold the highest standards of integrity, independence, impartiality and professionalism themselves, and encourage others to do so. This is a key focus when I provide international and domestic training to judges, lawyers and advocates, and it demonstrates my commitment to developing the highest standards in international criminal law.

I pledge to treat vulnerable witnesses with compassion and respect

Whilst a Senior Prosecuting Trial Attorney at the International Criminal Tribunal for the former Yugoslavia, I led multi-national, multi-disciplinary teams trying cases of genocide and crimes against humanity, including against women and children. In addition, as an expert in the handling of vulnerable witnesses, particularly children, those with learning difficulties and disabilities, and victims of alleged sexual violence, you can rest assured that I will give voice to victims, and treat all who come before the Court with compassion and respect.

Endorsement by Lord Ahmad of Wimbledon

Peace, security and human rights are the heart of foreign policy in the United Kingdom.

Since the inception of the international criminal justice system, our nation has stood shoulder to shoulder with our allies in strong leadership and firm support.

We know that accountability is a critical stage on the road to lasting peace. Our mechanisms to gather evidence in crisis-hit places around the globe are one step along that road. Our steadfast support - political, financial and practical - to bodies that seek justice, moves us forward together. We have sought accountability for the gravest international crimes, from the tribunals for the former Yugoslavia and Rwanda, to the International Criminal Court today.

We want the Court to remain a strong and fundamental part of the rules-based international system, for generations to come. We want it to be respected by all for its professionalism, and we want it to deliver judgments that end impunity for the most serious international crimes. To that end, the Court needs the best possible judges.

The UK is immensely proud to have had a judge sitting on the Court since its foundation, sharing their knowledge and expertise of our legal practices. In our firm commitment to the Court, we hope to continue sharing that expertise in the service of international justice. There is no one better to do that than our candidate for the forthcoming judicial elections, Her Honour Judge Joanna Korner.

Judge Korner is supremely qualified for the role and enjoys a distinguished legal career spanning almost fifty years. With almost thirty years’ experience as a judge, she has presided over more than five hundred complex trials, including for murder, gang violence and large-scale fraud.

She has developed a considerable international reputation. Judge Korner spent eight years as a Senior Prosecutor to the International Criminal Tribunal for the Former Yugoslavia and trained colleagues from more than twenty-five countries in aspects of international criminal law.

More than that, Judge Korner is as conscientious as she is accomplished. She is a proven expert in the handling of vulnerable witnesses, particularly children, those with learning difficulties and disabilities, and victims of alleged sexual violence.

As the Prime Minister’s Special Representative on Preventing Sexual Violence in Conflict, I can attest that the UK is working to strengthen accountability and tackle impunity for these crimes. Crucially, we are taking a survivor-led approach, including through the Murad Code, to ensure the international response to crimes of sexual violence in conflict is safe and respectful as well as effective.

Judge Korner’s crucial work over several decades prosecuting crimes of alleged sexual violence, holding perpetrators to account and achieving justice for victims, both on a national and international level, is of paramount importance to the mission of the ICC.

As you would expect of a legal professional with these credentials and experience, Judge Korner is committed to the fight against impunity and securing justice for all.

I am confident that she will make an excellent contribution to the future of the Court and I commend her wholeheartedly to you.

Her Honour Judge Joanna Korner CMG QC: curriculum vitae

Professional experience

Year	Role
2012	Judge of the Crown Court of England and Wales (the highest court of first instance for criminal cases). From 2014, appointed as a judge in the specialist fraud court for England and Wales. Also tries murder cases
2009 to 2012	Senior Prosecuting Trial Attorney at the Office of the Prosecutor at the International Criminal Tribunal for the former Yugoslavia (ICTY), leading in trial of Prosecutor v. Mićo Stanišić and Stojan Župljanin
2004 to 2009	Queen’s Counsel (senior barrister) at the Bar of England and Wales, undertaking serious criminal cases including fraud, murder, serious sexual offences and other grave crimes
1999 to 2004	Senior Prosecuting Trial Attorney at the Office of the Prosecutor at the ICTY. Lead prosecutor in 2 trials of political and military leaders: Prosecutor v. Radoslav Brđjanin and Momir Talić (now a leading authority on joint criminal enterprise) and Prosecutor v. Milomir Stakić: charged, inter alia, with genocide and crimes against humanity, including those of sexual violence. Additionally, engaged in the investigation and conduct of four other cases. Led large multi-disciplinary and multi-national teams of lawyers, investigators, analysts, administrative and language staff
1994	Recorder (part-time circuit judge) of the Crown Court
1993 to 1999	Queen’s Counsel prosecuting and defending cases of murder, serious fraud, kidnapping and serious sexual offences
1974 to 1993	Practising Barrister at 6 King’s Bench Walk Chambers undertaking serious and complex criminal work, both prosecution and defence
1974	Called to the Bar of England and Wales (Inner Temple)
1970 to 1973	Inns of Court School of Law. Degree of Barrister-at-law

Further professional activities

Year	Role
2020	Instructed by the Organization for Security and Co-operation in Europe to conduct a follow up report to the 2016 assessment. ‘Improving War Crimes Processing at the State Level in Bosnia and Herzegovina’ delivered in September 2020
2016	Instructed by the Organisation for Security and Co-operation in Europe to conduct an assessment of the ‘Processing of War Crimes at the State Level in Bosnia and Herzegovina’. Report delivered April 2016. Adopted by High Judicial and Prosecutorial Council of Bosnia and Herzegovina in January 2017
2013 to present	Tribunal for Conscientious Objectors, Chairwoman (2013 to present)
2013	Instructed by the ICTY and the EU Delegation in Bosnia to conduct an assessment of training needs for judges and lawyers in Bosnia, in respect of the investigation and trial of war crimes. Report delivered in May 2013
2006	Acting for Bosnia and Herzegovina: one of a team of Counsel in the International Court of Justice case of Bosnia and Herzegovina v. Serbia and Montenegro [2007] ICJ 2
2004 to 2005	Senior Legal Adviser to Chief Prosecutor of Bosnia and Herzegovina during establishment of War Crimes Section. Responsibilities included drafting the original ‘orientation criteria’, selection of international prosecutors, integration of national and international prosecutors, liaising with other criminal justice and diplomatic agencies

Lectures, seminars and training

• evidence gathering training in Bangladesh for UN Women

• International Course Director of the Judicial College of England and Wales (2014 to 2017). Organised and delivered training courses on a wide variety of topics including judgecraft, fair and appropriate handling of vulnerable witnesses, and the conduct of long and complex trials

• organised and/or participated as speaker and trainer in training programmes and conferences, delivered to judges and/or lawyers of Cambodia, Iraq, Lebanon, Macedonia, Tunisia on international criminal law and Russian judges on jury trials

• organised and delivered training programmes in Bulgaria and Macedonia on EU law and to judges from Nigeria on terrorism cases. Since 2016 involved in a continuing project to deliver training to judges of Central and South America on long and complex trials

• Grade ‘A’ advocacy trainer. Head of International Faculty of the Advocacy Training Council 2005 to 2011. Organised and taught on numerous advocacy-training courses in the UK and internationally, including for the International Criminal Court, United Nations agencies, the ICTY, and the Special Court for Sierra Leone

Awards and honours

2004: Appointed Companion of the Order of St. Michael and St. George (‘CMG’) for services to international law.

Further information

If you would like further information on Judge Joanna Korner’s candidacy for the ICC, please contact the Foreign, Commonwealth & Development Office: [email protected]