Without Prejudice: April 2022


Student contribution: Lily Joslin-Boyle




​​International Criminal Court to Investigate Russian Invasion of Ukraine

Following Russia’s recent invasion of Ukraine in February, the International Criminal Court (ICC) has announced that Prosecutor Karin Khan will proceed with opening an investigation into the alleged war crimes and crimes against humanity committed throughout the invasion of Ukraine as of 2 March 2022.

The investigation was launched after Khan’s office reached the conclusion, during a preliminary examination, that there are reasonable grounds to believe such alleged crimes have been committed following the invasion of Ukraine.

A total of 39 ICC State Parties, including Australia, referred the situation to the ICC for investigation. Despite Ukraine not being a party to the Rome Statute, on 8 September 2015, Ukraine submitted a declaration under 12(3) of the Rome Statute to permit the ICC to have jurisdiction within Ukrainian territory from 20 February 2014 onwards, thus allowing for such an investigation to take place in Ukraine.

The investigation will seek to champion victims’ rights by allowing any person, group, or community to provide relevant information to the Prosecutor about incidents surrounding alleged war crimes or crimes against humanity within Ukraine. In addition to submitting evidence, victims can currently address the court to discuss their rights to participate in potential future judicial proceedings, including their right to receive reparations in the event of a conviction.

To follow the investigation and to learn more about the process for victims:

Investigation Information:

https://www.icc-cpi.int/ukraine

Victim Information:

https://www.icc-cpi.int/pages/victims-info-page.aspx?for=%27ukraine%27

To help victims of the Ukraine Situation:

Voices of Children - provides assistance through psychologists and care to assist children who are suffering trauma caused by the War

https://voices.org.ua/en/

CARE – delivers relief by prioritizing Ukranian women, girls, and the elderly to provide food, water, hygiene kits, psychosocial support, and cash assistance.

https://my.care.org/site/Donation2?31628.donation=form1&df_id=31628&mfc_pref=T&s_src=172223UUNR00&s_subsrc=FY22UkraineCrisisFund&_ga=2.201770449.1920260434.1648643101-1143724371.1648643101


Ketanji Brown Jackson’s Supreme Court of the United States Nomination

Following Justice Stephen Breyers’ retirement, President Biden has nominated Judge Ketanji Brown Jackson to serve as the next Justice on the Supreme Court of the United States. The White House has endorsed Brown Jackson as “one of the nation's brightest legal minds”, citing her “unusual breadth of experience” as a driving force behind her ability to serve as a remarkable Justice. If accepted, Brown Jackson would be the first black woman to serve as a Justice in the Supreme Court.

What is the Process?

The Supreme Court is the United States’ uppermost court, of which eight Associate Justices and one Chief Justice serve lifetime appointments. The process to appoint a new Justice begins with the President nominating an individual, who then must face the Senate Judiciary Committee questioning panel and subsequently a Senate vote in order to be appointed. As of 21 March 2022, Brown Jackson is currently facing the 22-member Committee of the Judiciary in the Senate. If the Committee proceeds, Jackson will need a majority of votes from a full Senate to finalise her appointment.

Why is Brown Jackson’s nomination significant?

Despite the first women being admitted to the Bar of the Supreme Court of the United States in 1879, only five women have served as Justices since then. In addition, a total of only two out of the 114 Justices that have served in the Supreme Court have been black men. If accepted, Brown Jackson would be the first black woman to serve as a Justice in the Supreme Court's 233-year history.

Want to Learn More? To follow the process of the historical nomination, follow the links provided:

Congress, Ketanji Brown Jackson -Supreme Court of the United States, https://www.congress.gov/nomination/117th-congress/1783

BBC, Ketanji Brown Jackson: Key moments as Biden's Supreme Court pick quizzed, 23 March 2022,

https://www.bbc.com/news/world-us-canada-60836500

United States Senate, Supreme Court Nominations (1789-Present),

https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm

Committee on the Judiciary, Nominations, The Supreme Court Of The United States, https://www.judiciary.senate.gov/nominations/supreme-court


Australia’s Gender Pay Gap

Workplace Gender Equality Agency (‘WGEA’), an Australian government body, has recently published its annual report into gender equality in the workplace, providing the latest data and trends surrounding Australia’s gender pay gap, industry comparisons, women’s workforce participation, women’s representation in leadership positions and an insight into employer action. The WGEA utilised data from non-public sector employers with 100 or more employees to deliver the report for the 2020-2021 period.

What is the gender pay gap?

The Gender pay gap is the difference in average earnings between men and women in the workforce, and the position women hold in the economy in comparison to men. The pay gap between men and women is driven by a combination of economic and social factors that diminish the earning capacity of women over their lifetime. Currently, the gender pay gap stands at 22.8%.


Key Numbers

  • Men are twice as likely to be paid a high salary of over $120,000

  • For every $10 earned by men, women earned, on average, $7.72

  • On average, men earned approximately $25,800 more than women in 2020-21


Gender pay gap in the legal sector

Based on the WGEA’s findings in 2018, despite women making up approximately 70% of the legal sector, a pay gap of 26.2% existed for full-time employees. This figure was considered higher than comparable industries.


Want to Learn More?


Workplace Gender Equality Agency Resources:


Gender Pay Gap vs Equal Pay https://www.wgea.gov.au/the-gender-pay-gap


Australia’s Gender Equality Scorecard 2020-21 https://www.wgea.gov.au/sites/default/files/documents/2020-21_WGEA_SCORECARD.pdf


For more information about the gender pay gap in the legal sector:


Victorian Women Lawyers (2016), Addressing the Gender Pay Gap in the Legal Sector,

https://vwl.asn.au/wp-content/uploads/2016/11/VWL020-Fact-sheet-DP4-FS3.pdf


Women’s Legal Service Victoria (2019), Sexism and Gender Inequality in the Victorian Legal and Justice Sector: Phase one discussion paper, Women’s Legal Service Victoria, https://www.womenslegal.org.au/~womensle/wp-content/uploads/2021/04/Starts-With-Us-discussion-paper.pdf



References


ICC Investigation


Lawfare (2022) https://www.lawfareblog.com/icc-investigates-situation-ukraine-jurisdiction-and-potential-implications

International Criminal Court, Information for Victims - Ukraine

https://www.icc-cpi.int/pages/victims-info-page.aspx?for=%27ukraine%27

International Criminal Court, Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine, (March 2 2022) https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine


Supreme Court Nomination


Congress, Ketanji Brown Jackson -Supreme Court of the United States, https://www.congress.gov/nomination/117th-congress/1783

United States Senate, Supreme Court Nominations (1789-Present),

https://www.senate.gov/legislative/nominations/SupremeCourtNominations1789present.htm


Committee on the Judiciary, Nominations, The Supreme Court Of The United States, https://www.judiciary.senate.gov/nominations/supreme-court

BBC, Ketanji Brown Jackson: Key moments as Biden's Supreme Court pick quizzed, 23 March 2022,

https://www.bbc.com/news/world-us-canada-60836500

Supreme Court of the United States, In Re Lady Lawyers:

The Rise of Women Attorneys and the Supreme Court,

https://www.supremecourt.gov/visiting/exhibitions/LadyLawyers/Default.aspx

Represent Women, The Supreme Court of the United States, https://www.representwomen.org/women_on_the_supreme_court#:~:text=The%20United%20States%20Supreme%20Court,Kagan%2C%20and%20Amy%20Coney%20Barrett


Gender Pay Gap


Gender Pay Gap vs Equal Pay

https://www.wgea.gov.au/the-gender-pay-gap

Australia’s Gender Equality Scorecard 2020-21 https://www.wgea.gov.au/sites/default/files/documents/2020-21_WGEA_SCORECARD.pdf

Women’s Legal Service Victoria (2019), Sexism and Gender Inequality in the Victorian Legal and Justice Sector: Phase one discussion paper, Women’s Legal Service Victoria, p7 https://www.womenslegal.org.au/~womensle/wp-content/uploads/2021/04/Starts-With-Us-discussion-paper.pdf

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