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John Cubbon

John Cubbon

Position

John Cubbon is an international lawyer with many years’ experience of criminal justice and related issues in fragile and conflict-affected states. He was employed by the United Nations from 1995 to 2015. Subsequently he carried out assignments for various agencies including the UK Government and the European Union.

Since joining Chambers in 2021 Mr Cubbon has acted as Co-Counsel for two accused at the Kosovo Specialist Chambers and represented clients in immigration, extradition, human rights and professional regulation. Since 2022 he has been a Designated Expert in the EU Project Pravo-Justice Ukraine.

Mr Cubbon has frequently contributed to judicial reform, legislative drafting and institutional development. He was extensively engaged in the revision of criminal legislation in both Bosnia and Herzegovina and Kosovo. Shortly after the establishment of UNMIK, he performed the functions of a Deputy Minister of Justice with responsibility for the management and organization of the whole of the judicial system of Kosovo (excluding the roughly 26 international judges/prosecutors). He has also worked on reform of the justice sector in Ukraine and the Occupied Palestinian Territories.

Mr Cubbon has taught adults for over 40 years in a considerable variety of contexts. As well as training members of the Malian Armed Forces, he has frequently given seminars and lectures on international criminal law and transitional justice, most recently to legal practitioners in Ukraine.

Before studying law Mr Cubbon worked in health services research, including analysis of health management information and epidemiological research.

Expertise

International Crime

Mr Cubbon has a firm grounding in international humanitarian law and international criminal law. For nine years he held senior legal positions in Chambers at ICTY, where his main focus was on the preparation of draft judgements, decisions and orders and memoranda for the judges.

As a Deployable Civilian Expert for the UK Stabilisation Unit he advised and trained members of the Malian Armed Forces on international humanitarian law in 2018 and 2021.

Since April 2022 he has been engaged by the EU Project Pravo-Justice to provide assistance to the Office of the Prosecutor-General of Ukraine in addressing international crimes and serious human rights violations.

Selected matters include:

  • • Co-Counsel for the defence in Kosovo Specialist Prosecutor v. Haxhi Shala

    • Co-Counsel for the defence in Kosovo Specialist Prosecutor v. Nasim Haradinaj

Public International Law and Human Rights Law

During his ten years in UN peacekeeping in former Yugoslavia Mr Cubbon dealt very frequently with public international law issues relating to the status of the United Nations and its personnel and the compatibility of legislation, policies and executive actions with the international human rights instruments, in particular the ECHR.

As a member of Chambers, he has prepared applications and other submissions to the ECtHR.

From 2020 to 2022 he acted as a pro bono consultant for the Truth, Reconciliation and National Unity Commission of Seychelles and from 2013 to 2017 he was a member of the Drafting Committee of the Bar Human Rights Committee.

Extradition and Mutual Legal Assistance

Mr Cubbon represents Requested Persons in extradition hearings. He contributed to high profile decisions on extradition and mutual legal assistance as a Legal Officer in UNMIK. He has also advised the Office of the Prosecutor General of Ukraine on these matters.

Immigration

Mr Cubbon acts for Appellants in the immigration appeals process. He first undertook such work before joining the United Nations in 1995. He prepared legislation on movement of persons into and out of Kosovo while he was a Legal Officer in UNMIK.

Career

Called: 1993 (Middle Temple)

Admitted to the Lists of Counsel and Assistants to Counsel at the International Criminal Court Admitted to the List of Counsel (Defence/Victims) at the Kosovo Special Chambers

Qualified to accept Public Access instructions

Previous Appointments

• Trainer and Adviser in International Humanitarian Law at the Peacekeeping School in Bamako, Mali (2021).

• Short-term consultancies for UK Stabilisation Unit (2019-2020).

• Adviser and Trainer on International Humanitarian Law, EU Training Mission in Mali (2018).

• Senior Adviser on Judiciary, EU Advisory Mission in Ukraine (2015-2017).

• Acting Head of Chambers, ICTY (2014-2015).

• Senior Legal Officer, Chambers, ICTY (2006-2015).

• Legal Officer, Office of the Legal Adviser, UNMIK, Kosovo (2001-2006).

• Officer in Charge (initially Legal Officer), Prosecution Services and Court Administration Section, UNMIK, Kosovo (1999-2001).

• Officer in Charge/Tuzla Team Coordinator/Associate Deputy Head, Judicial System Assessment Programme, UN Mission in Bosnia and Herzegovina (1998-1999).

• Legal Adviser, UN Mission in Bosnia and Herzegovina (1996-1998).

• Legal and Liaison Officer, UN Office of the Special Coordinator for Sarajevo (1995-1996).

Languages

English

Memberships

• Bar of England and Wales

• Honourable Society of the Middle Temple

• Lists of Counsel and Assistants to Counsel — International Criminal Court

• List of Counsel (Defence/Victims) — Kosovo Special Chambers

• Member of the Civilian Stabilisation Group roster maintained by the FCDO

• Bar Human Rights Committee

• Defence Extradition Lawyers Forum

Education

• Bar Vocational Course (Council of Legal Education).

• Postgraduate Diploma in Law (Dip. Law) (CPE) (City University, London).

• Postgraduate Diploma in Applied Statistics (CNAA: Sheffield City Polytechnic).

• Master of Science (MSc) in Social and Educational Research Methods (Open University).

• Master of Philosophy (MPhil) in Social Administration (CNAA: Sheffield City Polytechnic).

• Bachelor of Philosophy (B.Phil.) degree (postgraduate degree) in Philosophy (University of Oxford).

• Bachelor of Arts (B.A.) degree in Philosophy and Politics (University of Oxford).

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