Editorial: Edition 39

Tēnā koutou, yumalundi, and welcome to this edition of ANZSIL Perspectives with an excellent prespective from Carina Bury on The Nature Positive (Environment) Bill 2023.

As we approach the much-anticipated ANZSIL Conference, we find ourselves at a pivotal moment in international law. This year, the conference promises to be a vibrant platform for discourse, featuring an impressive array of scholars, practitioners, and policymakers. Our gathering could not come at a more critical time, as recent developments on the international stage highlight both the challenges and progress in the realm of international justice.

One of the most significant developments is the International Criminal Court (ICC) prosecutor’s announcement to apply for arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim al-Masri (known as Dief) and Ismail Haniyeh and against Israeli Prime Minister Benjamin Netanyahu and his defence minister, Yoav Gallant. The move raises questions concerning how to prosecute when both a non-international and an international armed conflict are alleged, the challenges of enforcing arrest warrants, and the broader implications for international justice.

Equally noteworthy are the recent provisional measures issued by the International Court of Justice (ICJ) as South Africa sought to halt the offensive in Rafah. I am sure you all have views on the issues of jurisdiction, merits, precedent and diplomatic repercussions – and let’s not forget that Ukraine’s state-owned hydropower company has officially notified Russia of a potential investment treaty claim regarding the destruction of a hydroelectric power plant.

ANZSIL Perspective remains committed to providing a platform for insightful analysis and discussion on these pivotal topics. As ever, I look forward to receiving submissions from a diverse range of scholars who have previously contributed to ANZSIL Perspective, and welcome new and emerging authors at every level of postgraduate scholarship and legal practice. The next deadline is 28 June 2024.

Felicity Gerry KC
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Dr Felicity Gerry KC is on the lists of counsel for the ICC and KSC, recently on the defence team for Mr Al Hassan at the ICC and leading the defence for Mr Bahtijari at the KSC. She is admitted in England and Wales and Victoria, Australia and specialises in homicide, terrorism and war crimes trials and appeals. She has a particular interest in complicity law. She led amicus briefs in the Radovan Karadžić appeal on the lack of foundation for JCEIII and in the Dominic Ongwen appeal on the non-punishment principle. She is a Professorial Fellow at RJ4All, an Hon Prof at the University of Salford and formerly Professor of Legal Practice at Deakin University.  She has a long history of teaching topics around contemporary international legal challenges such as terrorism, modern slavery law, climate change law and war crimes. She is widely published in areas including women & law, technology & law and reforming justice systems.