Felicity Gerry QC

year of call :

1994

year of silk :

2014

introduction

expertise

cv & downloads

International Criminal Law

Felicity works internationally. She recently led a team who were  given leave to make submissions as amicus curiae in the appeal of Prosecutor v Radovan Karadžić. She contributes to Annotated Leading Cases of International Criminal Tribunals (ALC) and contributed to the ICC Moot Court Manual for the IBA. She specialises in serious and complex crime often with an international element. She is admitted in Australia where she has appeals in the High Court of Australia on extended joint common enterprise and in a cold case murder on fresh evidence relating to an unqualified pathologist. She also has ad hoc admission for an appeal in Hong Kong on accessorial liability. She has assisted in death penalty cases in Indonesia, particularly on the intersection between drug trafficking and human trafficking and assisted in the reprieve from execution of Filipina Mary Jane Veloso. Her international advisory work has included advice on the interpretation of the Penal Code in Montserrat relating to child exploitation. She brings her expertise in joint enterprise to international proceedings and has lectured at SOAS on special arrangements for vulnerable witnesses in the International Courts. In 2012 she published a joint paper for Lexis Nexis on male rape in conflict zones and in 2014 published in the International Bar Association ICC Moot Court Manual on command responsibility. She has contributed to a forthcoming book on women in international law.

Sample cases etc:

• R v Johnson 2018 Leading in an application to the European Court of Human Rights for permission to appeal in ‘joint enterprise’ murder.
• Leading a group of international scholars given leave to make submissions as amicus curiae in the appeal of Prosecutor v Radovan Karadžić. News item here http://www.carmelitechambers.co.uk/news-and-events/news/felicity-gerry-qc-and-peta-louise-bagott-together-with-a-group-of-inte
• R v Henry 2018 Leading in an application to the European Court of Human Rights for permission to appeal in ‘joint enterprise’ murder.
• 2017-18 Civil Liberties Australia and ICJV submissions and evidence to the Parliamentary Inquiry into establishing a Modern Slavery Act in Australia. And on the consultation in relation to The Modern Slavery Bill.
• 2017 Amicus Curiae Brief Radovan Karadžić Appeals Chamber on interpretation of JCEIII liability leading a group of counsel and academics (leave granted).
• R v P (Gibraltar) 2017 – Defence of sexual allegations involving advocacy relating to a 4 year old child.
• 2016 submission to Australian senate inquiry into indefinite detention of people with cognitive and psychiatric impairment
• 2016 submission to the Australian Human Rights Commission on the ratification of the Optional Protocol of the Convention Against Torture (OPCAT)
• Chan Kam-shing (Hong Kong) 2016 – Leading appeal in alleged common purpose murder to Court of Final Appeal following Jogee
• In the matter of X (Monserrat) 2016 – Advising on statutory interpretation of s141 Penal Code.
• In the matter of Mary Jane Veloso (Philippines and Indonesia) 2015 – death row prisoner given a reprieve in Jakarta, Indonesia – assisting on legal issues relating to human trafficking law and referral mechanisms.
• 2015 submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade on Australia’s Advocacy for Abolition of the Death Penalty.
• 2016 submissions to the Australian Parliamentary Inquiry into Human Trafficking.
• 2014 working party submission for the Bar Human Rights Committee (BHRC) written evidence to the UK Parliamentary Inquiry into Female Genital Mutilation (12 February 2014). This led to significant changes in the law in the UK
• In the matter of L (EU) 2014 - Advising a Swiss Bank on a conflict between a £multi–million international restraint order and an international freezing injunction in civil litigation involving restraint of assets and international freezing orders arising from a long-running investigation for bribery, money laundering and abuse of office against a Latvian oligarch.
•  2014 Working party submission for the Bar Human Rights Committee (BHRC) written evidence to the UK Parliamentary Joint Committee on Human Rights Inquiry into Violence Against Women and Girls (VAWG)

Felicity brings her academic experience to International Legal issues: She has led research projects on Youth Justice in Alice Springs after the international news on alleged brutality in youth detention in the NT of Australia, two projects for Lexis Nexis on ‘Women in Prison’, an ‘Indigenous Justice and Exoneration Project’, a collaborative project with Menzies School of Health Research and CDU School of Health on ‘Women’s Health and the Law. She piloted an “Innocence” style project and completed a grant funded project on human trafficking in ASEAN. She is also the expert on an EU Commission innovation grant on rights of children with mental disabilities. She is part of an expert group on procedural rights for Fair Trials International.