Editorial: Edition 39

Written by Felicity Gerry KC



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

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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