human rights | ANZSIL Perspective

International Crimes in Gaza: Developments in Monitoring and Accountability

by Melanie O’Brien | 27 Nov 2025

Since 7 October 2023, international crimes have been committed on an almost daily, if not daily, basis in the Occupied Palestinian Territories, particularly Gaza. These crimes began with the atrocities committed by Hamas and other terrorist groups on 7 October 2023, which encompassed deliberately attacking civilians; murder; torture or cruel, inhuman or degrading treatment; sexual violence including rape; and the ongoing crime of hostage-taking. After those attacks, from 8 October 2023, war crimes, crimes against humanity and genocide have been committed by Israel in Gaza. It is impossible to discuss all the crimes in one post (or even one journal article), as they include attacking...

Murder on the High Seas by the Trump Regime

by Sarah Joseph | 27 Nov 2025

Since early September, the United States (US) military has attacked boats on the high seas off South America, particularly boats from Venezuela, with missiles. Almost all on board the targeted boats have been killed. Or rather, they have been murdered. This post argues that there is no international legal basis for these attacks. Rather, they are a brazen and gross breach of international law. Trump’s Attacks on Boats On 2 September, the Trump administration released footage of a US strike blowing up a boat on the high seas which had left from Venezuela. The administration asserted that the deceased were members of drug cartels, and that the vessels had been on their way to the US to...

From Ceasefire to Silence: The Looming Massacre in Iran’s Prisons and the Duty to Prevent

by Maryam Fakhar | 28 Aug 2025

In the aftermath of the 12-day war between Iran and Israel and under the cover of a fragile ceasefire, Iran’s authorities have launched a new campaign of domestic repression reminiscent of their worst past atrocities. Last month, guards at Evin Prison in Tehran secretly loaded political prisoners onto 20 buses and forcibly transferred them to notorious sites of abuse and neglect, such as Qarchak and the Greater Tehran Penitentiary, and some were even taken to unknown sites. These moves, alongside reports of torture, death sentences, solitary confinement, and enforced disappearances, and the alarming rise of executions point to a deliberate escalation that could constitute crimes against...

Due Diligence in Modern Slavery Investigations: Lessons from the Uyghur Congress Case for Australia

by Ruby Evans and Felicity Gerry KC | 28 Aug 2025

Introduction Modern slavery encompasses a broad range of ownership and exploitative conduct, including forced labour, human trafficking, debt bondage, and other forms of coercive or deceptive control over individuals. Such conduct continues to persist across industries, often hidden within the complex layers of global commerce and trade. Whilst modern slavery sits across the UN Guiding Principles on Business and Human Rights, which emphasise the human rights responsibilities of businesses there is much to do to actively prevent and mitigate the risks of modern slavery within supply chains. In Australia, in addition to section 270 and 271 the Criminal Code (Cth) which criminalise a range of...

SPOTLIGHT: H.E. Judge Antonio Augusto Cancado Trindade

by Justin Sobion | 11 Sep 2022

It was in the early days of June, while on a visit to my native country Trinidad and Tobago, that I learned about the sad passing of Judge Antonio Augusto Cançado Trindade. Although I never met the learned Judge in person, as a sitting Member of the International Court of Justice (ICJ) for well over a decade, I felt like I “knew” him vicariously through his work at this august institution. There are three reasons why I gravitated towards the esteemed Judge (and these reasons ascend in importance tremendously in chronological order). The first reason is that one of his names – “Trindade” – makes me feel somewhat nostalgic as it reminds me of the name of my beloved island. Secondly, coming...

Trust in Translation: Diplomatic Assurances, the New Zealand Supreme Court, and Extradition to China

by Neil Boister | 8 Jun 2022

In 1606 in the République, Jean Bodin argued that it was wrong to render up the guiltless to a sovereign who wished to punish them, but right to render up the guilty. Today guilt alone is insufficient for extradition. The 1989 judgment of the European Court of Human Rights in Soering v UK set a precedent which forced the courts in States committed to human rights to enquire into the potential for a human rights breach in a State requesting extradition. The various human rights covenants generate a clear obligation of non-refoulement where potential breach of human rights obligations may occur. Subsequent domestic legislation and judicial decisions has, however, eroded that obligation of...