Editorial: Edition 38

Written by Felicity Gerry KC



Tēnā koutou, yumalundi, and welcome to this edition of ANZSIL Perspective and our first for 2024.

It is a bumper edition with Perspectives from Don Rothwell and Sarah Krause on ‘A precedent for the Pacific’, Ash Stanley–Ryan on Operation Poseidon Archer, and Dee Raman on Copyright and Relationship Property settlement. Finally Phillipa Stafford, Alka Pradhan and I reflect on ‘The Cocktail Party Question.’

Since our last edition, international law has not been out of the news: From Ukraine to Gaza the move from war to law seems ever diminishing and entangled. South Africa has engaged the International Court of Justice in criminal law concepts that many of our members have been actively explaining to the public. The International Criminal Court has ordered record reparations in the Dominic Ongwen matter once more bringing to the fore the question of why reparations must be linked to convictions when the Court simultaneously enquires into a situation. In that case I made amicus curaie submissions on the approach to the non-pinishment principle to former child soldiers which captured the attention of one judge but had no meaningful effect. Others brought their scholarship to the development of international law on gender specific issues. It is a good case to see the interaction between practice and academia. The IACHR has reported a record number of killings of human rights defenders. The arrival of 39 people by boat in Western Australia has reignited debate on human rights and border security. New Zealand’s deployment to the Red Sea was labelled a selective approach to international law commitments.Frankly, there is plenty for you all to write about and we look forward to your submissions for our next edition.

Felicity Gerry KC
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Felicity is on the lists of counsel for the ICC and KSC having come to international practice now her children are older. She is admitted in England and Wales and Australia (Victoria and the High Court Roll) and specialises in complex criminal law cases, generally involving an international element including terrorism, homicide, biosecurity and human trafficking. She has a particular interest in complicity as leading counsel in the UK Supreme Court decision in R v Jogee [2016] UKSC 8 and having led an amicus brief on CIL and complicity in the ICTY. She is Professor of Practice at Deakin University where she teaches a unit on Contemporary International Legal Challenges. She is widely published in areas including women & law, technology & law and reforming justice systems. Her current PhD candidature is on Transnational Feminisms and the Human Trafficking Dilemma.

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