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Gerhard Kemp Profile
Gerhard Kemp

@GerhardKempICL

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Professor of Law; Fellow @AvHStiftung ; Institute for Justice & Reconciliation @_IJR_ . Usual disclaimers

Bristol, England
Joined May 2017
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@GerhardKempICL
Gerhard Kemp
1 year
On Mon 21/8, the first-ever trial on the crime of #apartheid will start in 🇿🇦. The legal basis will be this crime in its customary form. The underlying conduct concern events from 4 decades ago. Windell Nortje & I critically assess the matter, here:
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@GerhardKempICL
Gerhard Kemp
8 months
In the last 48h, I’ve learned that: genocide is “very complex”; 🇿🇦 should rather not engage in “lawfare” against Israel; the Genocide Convention is at risk when applied in, say, a court, and should rather be left to thrive in theory 🤷🏻‍♂️
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@GerhardKempICL
Gerhard Kemp
8 months
When one doesn’t even bother to read let alone respond to par 1 of SA’s ICJ application (*spoiler alert: SA condemned Hamas’s crimes & aserts that those crimes do not justify Israel’s genocidal response). Expect more of the “blood libel” nonsense in the coming days…
@samirasawlani
Samira Sawlani
8 months
Israel accuses South Africa of being “complicit with Hamas’ campaign of Genocide against our people”- saying “We assure South Africa's leaders, history will judge you”. Govt spox added that Israel will appear at ICJ where SA has filed a case accusing Israel of genocidal acts.
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@GerhardKempICL
Gerhard Kemp
8 months
The dismissive critique that 🇿🇦 should focus on its domestic problems rather than making an application under the Genocide Convention against Israel, is a red herring & disingenuous. Criticise 🇿🇦 gov (or vote in the ‘24 elections if eligible), but on #Palestine 🇿🇦 is 🎯.
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@GerhardKempICL
Gerhard Kemp
7 months
Yep... I wonder what the "C" in ICJ stands for...
@patrickwintour
Patrick Wintour
7 months
David Cameron on South Africa genocide case at ICJ "I don't think it is helpful. I don't agree with it. I don't think it is right. I don't think we should bandy around terms like genocide. It is for the courts to define genocide not states. Our view is that Israel has a right
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@GerhardKempICL
Gerhard Kemp
4 months
In a few years, international law professors & their associated colloquia who are *now* silent about the situation in Palestine, will be like 👇🏼
@BladeoftheS
BladeoftheSun
4 months
Theresa May gets torn apart as she tries to milk the 5th anniversary of Nelson Mandela's death.
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@GerhardKempICL
Gerhard Kemp
7 months
For those who still don’t understand why 🇿🇦 - far removed from the “conflict in the ME” - made the application under the Genocide Convention & in support of the people of Palestine.
@SaulStaniforth
Saul Staniforth
7 months
Nelson Mandela recounts how the Palestinians helped the fight against apartheid in South Africa when the United States and the west refused to give any assistance.
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@GerhardKempICL
Gerhard Kemp
4 months
A reminder: the US (and the UK & Germany) have previously supported the ICC arrest warrant for the leader of a state not party to the Rome Statute of the ICC… #Palestine #Israel
@BBCWorld
BBC News (World)
1 year
US President Joe Biden welcomes ICC's war crimes charges against Russian leader Vladimir Putin
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@GerhardKempICL
Gerhard Kemp
2 years
Indeed. It is barbaric. But it is not, in fact, Taliban-style fundamentalism. It is US-style fundamentalism. I don’t mean to be snarky. But this idea that evil can only be imitated by the US (as opposed to be the very source of it) needs to stop.
@DavidCornDC
David Corn
2 years
Barbaric. To force a raped 10-year-old to give birth. This is Taliban-style fundamentalism.
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@GerhardKempICL
Gerhard Kemp
7 months
Germany intends to intervene in #ICJ (Genocide Convention) case (SA v Israel). 🇩🇪 is of the view that there is no basis for SA’s position & will intervene on the merits.
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@GerhardKempICL
Gerhard Kemp
5 months
Absolutely despicable to accuse @FranceskAlbs of antisemitism. The most recent report on #Gaza is detailed and damning, but the US still prefers not to face the law & the facts (same strategy as with 🇿🇦 #ICJGenocideConvention application…).
@AssalRad
Assal Rad
5 months
StateSpox was asked about UN Special Rapporteur @FranceskAlbs ’s report on Gaza which said there’s reasonable ground that the threshold for genocide has been met. Miller said they oppose mandate of this rapporteur, accused her of antisemitism and rejected allegations of genocide.
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@GerhardKempICL
Gerhard Kemp
4 months
The “disgusting announcement” in question is democratic, post-apartheid South Africa enforcing its laws enacted by the democratically elected parliament. About time the Foreign Military Assistance Act is enforced!
@RepJoeWilson
Joe Wilson
4 months
Grateful to lead a letter with @RepMoskowitz  to @PresidencyZA  over their disgusting announcement of South Africa's intent to arrest civilians for serving in the @IDF . The U.S. will always stand with our ally Israel against gross judicial malfeasance.
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@GerhardKempICL
Gerhard Kemp
3 months
Always an important reminder: SA's case is built on the sincere desire to protect the people of Gaza (& Palestine more generally) from genocide & apartheid - read all the ICJ submissions! But Israel is desperately trying to cast SA as the "legal arm of Hamas". Not gonna fly...
@AdHaque110
Adil Haque
3 months
(Me: SA requested the ICJ to order a bilateral ceasefire and hostage release. The Court said it lacked jurisdiction over Hamas. SA referred the situation in Gaza to the ICC, which includes Hamas war crimes. SA has voted for multiple GA resolutions demanding hostage release.)
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@GerhardKempICL
Gerhard Kemp
1 month
ICJ: Israel is practicing #apartheid in the OPT. Historic legal characterization. This really is significant.
@GerhardKempICL
Gerhard Kemp
1 month
ICJ briefly but definitely links discriminatory laws in OPT to a policy of #apartheid & opines that #Israel is in breach of Art 3 CERD...
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@GerhardKempICL
Gerhard Kemp
6 months
🇿🇦 Constitution of 1996 does not use the word “abortion”, but reproductive rights enshrined in the Constitution means right to terminate pregnancy, according to commentators (e.g. ). So, this claim that France is the first seems somewhat debatable…
@SkyNews
Sky News
6 months
BREAKING: France becomes first country in the world to make abortion a constitutional right Read more 🔗
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@GerhardKempICL
Gerhard Kemp
1 month
It is not only the *expansion of settlements that is illegal. Settlements on Palestinian land in violation of international law is illegal, ab initio.
@GermanyDiplo
GermanForeignOffice
1 month
The situation in the #MiddleEast continues to cause immense concern. The #Biden plan is a clear path towards ending the war. For the two-state solution, we need a reformed #PA as partner. Any expansion of settlement projects is illegal and we strictly oppose it. 3/5
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@GerhardKempICL
Gerhard Kemp
7 months
Powerful rebuke by #Namibian Presidency of Germany’s dismissive opposition to South Africa’s ICJ Application under Genocide Convention #Palestine #Israel #InternationalCourtofJustice #Genocide
@NamPresidency
Namibian Presidency
7 months
Namibia rejects Germany’s Support of the Genocidal Intent of the Racist Israeli State against Innocent Civilians in Gaza On Namibian soil, #Germany committed the first genocide of the 20th century in 1904-1908, in which tens of thousands of innocent Namibians died in the most
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@GerhardKempICL
Gerhard Kemp
8 months
In his memoir, Justice Moseneke tells the story how he was called by Pres. Mandela to serve as dep. chair of SA’s first democratic election commission post-apartheid. “I knew how historic … [Mandela’s] invitation was.” History beckons, again… #ICJ #SouthAfrica #Israel
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@GerhardKempICL
Gerhard Kemp
3 years
Apartheid is a crime against humanity. #VaccineApartheid is a real crisis, affecting the Global South. But holiday ‘apartheid’? The headline is grotesque.
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@GerhardKempICL
Gerhard Kemp
8 months
@Dr_OOwiso It really is quite revealing
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@GerhardKempICL
Gerhard Kemp
8 months
🇿🇦 legal team for the ICJ application #Israel
@franstaar
Franny Rabkin
8 months
SA’s legal team for its case to the International Court of Justice against Israel: John Dugard SC, Max du Plessis SC, Tembeka Ngcukaitobi SC Adila Hassim SC Juniors: Sarah Pudifin-Jones, Lerato Zikalala, Tshidiso Ramogale External: Vaughan Lowe KC Blinne Ní Ghrálaigh KC
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@GerhardKempICL
Gerhard Kemp
7 months
"Apartheid as a form of genocide: Reflections on South Africa v Israel" @VictorKattan & I argue that, "Without self-determination and under conditions of apartheid, there will remain a risk of genocide, a risk aggravated by the current conflict in Gaza".
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@GerhardKempICL
Gerhard Kemp
5 months
Says the man from the country of Trump & a Supreme Court so corrupt it is beyond parody. Does David Bernstein even care to read about the incredible scholarship of, say, Dire Tladi? Of course not. Global South countries are simply dismissed as corrupt dictatorships. Pathetic.
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@GerhardKempICL
Gerhard Kemp
5 months
Honoured to be cited (with @VictorKattan ) in this comprehensive submission to the @IntlCrimCourt . It is a detailed legal & contextual analysis that also serves as a memory document of the historic & continuing crimes against the people of #Palestine .
@Law4Palestine
Law for Palestine | القانون من أجل فلسطين
5 months
JUST RELEASED: L4P and partners submit legal analysis to the ICC establishing that the Israeli War Cabinet is committing the crime of genocide against the Palestinian people in Gaza and should be investigated under the Rome Statute of the ICC. 🔗
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@GerhardKempICL
Gerhard Kemp
7 months
🇿🇦’s ICJ #GenocideConvention application is (rightly) eliciting a great deal of academic interest. A request to my colleagues, everywhere: Please center/invite/platform colleagues from the Global South, #Palestine in particular. I can think of @NimerSultany @AhmedAbofoul
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@GerhardKempICL
Gerhard Kemp
7 months
I will not be live X-ing the ICJ hearing (will follow it here ). Today is not about the lawyers & commentators; it's about the people protected under the Genocide Convention & about the integrity of international law. But very proud of team 🇿🇦!
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@GerhardKempICL
Gerhard Kemp
1 year
Some personal news (as they say): I will start on 1 June @UWEBristol Law School as the new professor of criminal law. Looking forward working with a great team of ICL, IHL & crim law scholars. Let me know when you’re in the land of Banksy & let’s meet up for a chat.
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@GerhardKempICL
Gerhard Kemp
8 months
I hope this message is not suggesting that SA’s application (on its own merits) poses a risk to the integrity of the Genocide Convention. I agree more states should intervene, but I don’t think SA’s very detailed application is the kind that undermines the Convention’s integrity.
@StefanTalmon
Stefan Talmon
8 months
It is hoped that several other States will also intervene, not in order to support either Israel or South Africa but to maintain the integrity of the Genocide Convention. Total war and even grave breaches of the Geneva Conventions and war crimes (indiscriminate shelling of
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@GerhardKempICL
Gerhard Kemp
4 months
@Alonso_GD Of course, we expected nothing less of the US. I really want to know what Germany, the UK, the Netherlands… are going to say (and do). And, the German stiftungs, who for so many years have invested so much ito (ICL) rule of law “capacity building” in Africa & GS generally…
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@GerhardKempICL
Gerhard Kemp
6 months
Call for abstracts, special issue of @SAJHR_ZA ‘South African Journal on Human Rights’ - “International Law, the Global South and the question of Palestine”. Eds, ET Achiume, @4noura & @ChristopherGvrs (Cc @VictorKattan @Alonso_GD @luigidaniele10 )
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@GerhardKempICL
Gerhard Kemp
6 months
Look at the emphatic headline. Self-defence. Not “self-defence”. A Western media outlet simply making the legal call that it was indeed, self-defence. Not claimed. Not alleged. Categorical acceptance of the US position. @SBagheriLAW
@SkyNews
Sky News
6 months
BREAKING: US conducts five self-defence strikes in Yemen. 📺 Sky 501, Virgin 602, Freeview 233 and YouTube
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@GerhardKempICL
Gerhard Kemp
1 month
Seen a few comments suggesting the ICJ found “segregation” but not necessarily “apartheid” (lack of ref. to domination etc). How can you read the ICJ opinion as a whole & not conclude that settler-colonialism, forced displacement & discrimination + Art 3 CERD = #apartheid ?
@GerhardKempICL
Gerhard Kemp
1 month
ICJ: Israel is practicing #apartheid in the OPT. Historic legal characterization. This really is significant.
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@GerhardKempICL
Gerhard Kemp
1 year
Good morning, Bristol Law School @UWEBristol - a good day to start as the new professor of criminal law!
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@GerhardKempICL
Gerhard Kemp
5 years
Personal news: I have started my academic career 20 years ago in South Africa, @StellenboschUni . A new decade; a new chapter. I am moving to @DerbyUni , UK, to take up a professorship in international criminal law & transitional justice. Also, to join @Prof_Andra ! #2020
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@GerhardKempICL
Gerhard Kemp
3 years
It has a cover…(tbp 2022) #lawtwitter
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@GerhardKempICL
Gerhard Kemp
3 months
South Africa has - finally! - acceded to the #Apartheid Convention of 1973. The relevant instrument was deposited in New York on 14 May 2024. @VictorKattan
@sherwiebp
Sherwin Bryce-Pease
3 months
South Africa has deposited instruments of accession for two international treaties in New York. Details here: #sabcnews
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@GerhardKempICL
Gerhard Kemp
8 months
The crucial context of 🇿🇦 proceedings against #Israel in the ICJ. Let’s see which members of the “international community” will join 🇿🇦 in this matter.
@shanedarcy_
Shane Darcy
8 months
🇿🇦 places its genocide allegations in the context of Israel's "75-year-long apartheid, its 56-year- long belligerent occupation of Palestinian territory and its 16-year-long blockade of Gaza, including the serious and ongoing violations of international law."
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@GerhardKempICL
Gerhard Kemp
4 months
SA v Israel #ICJGenocideConvention case: the revisionists are already out in force. Read this thread & don’t let anyone minimise what the ICJ found: there was a “risk” of irreparable harm to the Palestinian right to be protected from genocide. Naks explains it well 👇🏼
@NaksBilal
Naks Bilal
4 months
“The Court decided that the Palestinians had a plausible right to be protected from genocide […] it did emphasise in the order that there was a ‘risk’ of irreparable harm to the Palestinian ‘right’ to be protected from genocide”. Why was there a risk? Read paras 70-74 of PM1.
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@GerhardKempICL
Gerhard Kemp
6 years
Agree. Disagree. But what Judge Vd Wyngaert and the majority has confirmed is that the ICC is, first and foremost, a criminal court. It is not a truth commission. It is not a human rights commission. It determines individual criminal responsibility. #Bemba #ICC AC
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@GerhardKempICL
Gerhard Kemp
2 months
Ronald Lamola (former Justice Minister) named Minister of International Relations ( @DIRCO_ZA ). Very good choice. Signals continuity re foreign relations (also for #ICJGenocideConventionCase ).
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@CyrilRamaphosa
Cyril Ramaphosa 🇿🇦
2 months
Cabinet Announcement 2024
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@GerhardKempICL
Gerhard Kemp
3 months
Senior 🇿🇦 Official (Director-General @DIRCO_ZA ). A call for counter-measures. #Rafah 👇
@Zwandid
Zane Dangor
3 months
Intensifying the genocidal killing after the ICJ ruling as a petulant ‘nothing ,no-one will stop us message? It’s time for counter-measures to stop this barbarity. And yes, the ‘civilisational’ language is deliberate.There comes a time when normal diplomatic language has no role.
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@GerhardKempICL
Gerhard Kemp
5 months
ICJ Judge Salam, referencing the partial or total destruction of a group (Palestinians in #Gaza ). Genocide scholars will recognize this language; will the US, Germany & others still in willful denial of what is happening in Gaza?
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@GerhardKempICL
Gerhard Kemp
7 months
#ICJGenocideConvention case SA v Israel - decision expected on Friday 👀
@News24
News24 🇿🇦
7 months
JUST IN | Government expects ICJ judgment in genocide case against Israel on Friday
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@GerhardKempICL
Gerhard Kemp
4 months
If this is correct, not sure on what basis. State parties normally engage via Art. 97 Rome Statute of the ICC. US not a state party… And, who are the “senior officials” of the ICC? From the OTP?
@BarakRavid
Barak Ravid
4 months
Scoop: A bipartisan group of senators held a confidential virtual meeting Wednesday with senior officials at the International Criminal Court to express concern about possible arrest warrants against Israeli leaders. @stephen_neukam & I write for @axios
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@GerhardKempICL
Gerhard Kemp
3 months
Oh, one other thing: Those who accused 🇿🇦 of being the "legal arm of Hamas" (viz. ICJ case) - SA supports the ICC investigation & prosecution of crimes committed in Palestine & on 7/10/23 (i.e., including any crimes committed by Hamas) - .
@GerhardKempICL
Gerhard Kemp
3 months
The current focus is (understandably) on 7/10/23 & the assault on #Gaza . This is a solid, indeed a bold start towards justice. Much work RE the systemic crimes (notably apartheid) remain. ASP & int. community must support ICC & @KarimKhanQC also re pre-7/10/23 investigations...
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@GerhardKempICL
Gerhard Kemp
8 months
The 🇿🇦 ICJ Application against #Israel : "The institutionalised regime of discriminatory laws, policies and practices applied by Israel subjects Palestinians to what constitutes an apartheid regime" (par 35).
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@GerhardKempICL
Gerhard Kemp
4 months
No surprises here: US does not “believe” the ICC has jurisdiction over the situation in #Palestine (and thus, over Israeli nationals allegedly committing crimes in Palestine). Totally at odds with US support for ICC jur. over Russians alleged to have committed crimes in Ukraine.
@dannyctkemp
Danny Kemp
4 months
'We've been really clear about the ICC investigation, we don't support it, we we don't believe that they have the jurisdiction,' White House @PressSec Karine Jean-Pierre after reports Israeli officials fear the Hague-based court could soon issue arrest warrants over Gaza war
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@GerhardKempICL
Gerhard Kemp
8 months
While SA’s ICJ application is currently in the news, don’t forget that the situation in Palestine is already within the jurisdiction of the ICC. Read @TriestinoM for a critical assessment:
@opiniojuris
Opinio Juris
8 months
The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide
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@GerhardKempICL
Gerhard Kemp
2 years
Good to have a copy of the 2nd ed at hand (at long last). Received at the source 😁🇿🇦
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@GerhardKempICL
Gerhard Kemp
4 months
These threats are not only against @KarimKhanQC & @IntlCrimCourt officials; it should be seen as a direct affront & attack on ICC states parties. The ASP & individual states party should come out strongly & defend the institution they created by treaty. @DIRCO_ZA @David_Cameron
@PhilipGrant40
Philip Grant
4 months
"Target Israel and we will target you" "You have been warned" Are these threats from 12 leading 🇺🇸Republican senators the reason the @IntlCrimCourt Prosecutor issued this unprecedented statement on Friday👇? Read the story here:
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@GerhardKempICL
Gerhard Kemp
7 months
A disgusting smear of SA's effort as a state party to the Genocide Convention. SA (on numerous occasions, in this application, and in an ICC referral, condemned Hamas's atrocities of 7 Oct '23 et seq.). So, this smear is pure propaganda. Good thing Alonso took a screenshot.
@Alonso_GD
Alonso Gurmendi
7 months
Screenshoted, in case it is deleted. Because, quite frankly, it should. I doubt Professor Shaw would allow this defamation of his colleagues
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@GerhardKempICL
Gerhard Kemp
2 years
So this one was published today… It covers, well, quite a bit of conflict & security law (). Many excellent contributors (too many to name here, and not all on twitter). @DrMelOB @NoelleQuenivet1 @ProfChesterman
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@GerhardKempICL
Gerhard Kemp
5 months
Yet another example of Western academia’s superficiality when it comes to “academic freedom”. (Brendan is doing excellent work on transitional justice, btw.)
@brendancbrowne
Brendan Ciarán Browne
5 months
🧵1/12: Having been invited to a TJ symposium at the University of Vienna in May, to discuss my book: 'Transitional (in)Justice & Enforcing the Peace on Palestine', I was shocked to receive the following email yesterday from the 'project supervisor' revoking my invitation:
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@GerhardKempICL
Gerhard Kemp
7 months
All eyes will be on the #ICJ today, & 🇿🇦 Foreign Minister Pandor will represent SA gov. But it is important to note Min. Pandor's visit to the other Den Haag court, the #ICC ... SA has a complicated recent history with the ICC, but is (still) a state party.
@IntlCrimCourt
Int'l Criminal Court
7 months
🎥 The Minister of Minister of International Relations and Cooperation of #SouthAfrica , H.E. Ms Grace Naledi Mandisa Pandor, visited the #ICC today. #BuildingSupport @DIRCO_ZA
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@GerhardKempICL
Gerhard Kemp
8 months
Next week 11 & 12 Jan, ICJ hearing, #SouthAfrica v. #Israel
@CIJ_ICJ
CIJ_ICJ
8 months
PRESS RELEASE: the #ICJ will hold public hearings on the request for the indication of provisional measures submitted by #SouthAfrica in the case #SouthAfrica v. #Israel on Thursday 11 and Friday 12 January 2024. Watch live on @UNWebTV
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@GerhardKempICL
Gerhard Kemp
2 months
More than hypocrisy. Moral bankruptcy.
@AssalRad
Assal Rad
2 months
StateSpox on today’s ICC warrants for Russian officials. Miller: There have been atrocities committed by Russian forces…we support international investigations including by the ICC Remember when the US rejected the ICC’s decision to seek arrest warrants for Israeli officials?
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@GerhardKempICL
Gerhard Kemp
8 months
Marco’s paper now a must read in light of 🇿🇦 ICJ application against Israel 👇🏼
@MarcoLongobardo
Marco Longobardo
8 months
I've written significantly on issues relative to the case launched by South Africa against Israel on genocide prevention. On genocide prevention and obligations erga omnes partes, see my 2015 paper: or 1/
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@GerhardKempICL
Gerhard Kemp
3 months
@Alonso_GD But in a sense that is what the West always wanted the icl project to be: Nuremberg 2.0 - accountability only for one side; never equally, for all…
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@GerhardKempICL
Gerhard Kemp
9 months
SA to ask International Court of Justice to declare Israel an apartheid state #apartheid #InternationalLaw #Israel
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@GerhardKempICL
Gerhard Kemp
10 months
As a scholar/teacher of ICL, it is increasingly difficult to defend this discipline & its premise. Some of my friends & colleagues denounce ICL in strong terms; I still believe there is *some* role for it. But on days like this…
@TriestinoM
Triestino Mariniello
10 months
Apparently the #ICC Prosecutor was even annoyed when Reuters asked him question about the Palestine situation. #Gaza constitutes the triumph of double standards, selectivity and racism of international justice. #Gazabombing
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@GerhardKempICL
Gerhard Kemp
7 months
First Lady of Namibia 🇳🇦
@KalondoMonica
Monica Geingos
7 months
The build up to the Herero-Nama genocide in Namibia, perpetrated by Germany started on 12 January 1904. The absurdity of Germany, on 12 January 2024, rejecting genocide charges against Israel and warning about the “political instrumentalisation of the charge” is not lost on us.
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@GerhardKempICL
Gerhard Kemp
2 years
At a conference in York. Browsing bookshops. Bookshops know things.
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@GerhardKempICL
Gerhard Kemp
7 months
Without self-determination & under conditions of apartheid (with its core element of racial domination), Gaza, & Palestine more broadly, will remain at risk of genocide, a risk aggravated by the current conflict, as we argue here:
@EpshtainItay
Itay Epshtain
7 months
BREAKING: Within the first hour the "Return to #Gaza Conference" - attended by #Israeli Cabinet Ministers and Members of Parliament - presents a plan for the re-establishment of 15 Israeli settlements and the addition of 6 new ones, on where recently destroyed #Palestinian
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@GerhardKempICL
Gerhard Kemp
6 months
I know of a permanent international criminal court in The Hague with jurisdiction over this kind of atrocity. @IntlCrimCourt happens to have jurisdiction over this particular situation.
@guardian
The Guardian
6 months
France demands investigation after 112 Palestinians killed during aid delivery
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@GerhardKempICL
Gerhard Kemp
3 months
UK opposes ICC Prosecutor seeking arrest warrants for Israeli leaders, but will the UK, as a state party to the Rome Statute of the ICC, *enforce arrest warrants duly issued by the ICC? #ICC #UK
@PippaCrerar
Pippa Crerar
3 months
UK govt opposes ICC seeking arrest warrants for Benjamin Netanyahu & Israeli defence minister Yoav Gallant. FCDO: “We don't believe that seeking warrants will help get hostages out, get aid in, or deliver a sustainable ceasefire. This remains the UK’s priority.”
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@GerhardKempICL
Gerhard Kemp
5 months
@MonicaLMarks @annamomi @TaliaRinger Under South African law, citizens fighting in foreign militaries must obtain parliamentary permission (see, Regulation of Foreign Military Assistance Act 15 of 1998). No one will be arrested if they have obtained such permission. The Minister said the law will be enforced.
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@GerhardKempICL
Gerhard Kemp
4 months
A disingenuous piece. You can (rightly) criticise SA's #Ukraine policy, but not only is SA morally & legally correct re #Palestine ; it also proves tb a defining moment in international relations (viz., even Western countries starting to move *towards SA's position). #SouthAfrica
@dailymaverick
Daily Maverick
4 months
FOREIGN AFFAIRS OP-ED: Naledi Pandor is treading the Pik Botha path to SA’s diplomatic oblivion
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@GerhardKempICL
Gerhard Kemp
3 years
Hundreds of current and former UN officials and globally acclaimed jurists urge UN to immediately establish an investigation into Iran’s 1988 massacre which is believed to amount to ‘crimes against humanity’ and ‘genocide’ - Iran 1988 Massacre
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@GerhardKempICL
Gerhard Kemp
7 months
#ICJ PM - (1) Israel must take all measures to prevent genocide, (2) Israel military must not commit any acts of genocide, (3) Israel must take measures to prevent & punish acts of genocide, (4) Israel shall take measures to implement humanitarian assistance, (5) ...
@GerhardKempICL
Gerhard Kemp
7 months
#ICJGenocideConvention SA v Israel - Jurisdiction 👍 (SA has done the prep & the homework!)
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@GerhardKempICL
Gerhard Kemp
3 months
So this is a good Monday. At long last, prospect for justice in #Palestine & for 7 October ‘23. Hamas & Israeli leaders face accountability. ICC Prosecutor applications for arrest warrants.
@IntlCrimCourt
Int'l Criminal Court
3 months
Statement of #ICC Prosecutor @KarimKhanQC : Applications for arrest warrants in the situation in the State of #Palestine ⤵️
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@GerhardKempICL
Gerhard Kemp
8 months
@Alonso_GD Indeed. When it mattered, SA did the right thing under difficult circumstances. More powerful states would probably simply opted for realpolitik and a “specific and limited” breach of international law…
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@GerhardKempICL
Gerhard Kemp
6 months
To be clear, the way I read the decision by Dutch court () is that the case was decided on the basis of risks ito international humanitarian law (Geneva Conventions in particular) & not as a direct result of ICJ p.m. in SA v Israel… NB decision regardless
@GerhardKempICL
Gerhard Kemp
6 months
Impact of #ICJGenocideConvention SA v Israel 👇🏼
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@GerhardKempICL
Gerhard Kemp
2 years
Today: An important decision by UK Supreme Court on human trafficking, modern slavery & the applicability of diplomatic immunity. Basfar v Wong: #humantrafficking #modernslavery
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@GerhardKempICL
Gerhard Kemp
1 year
Publication day, today! (This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law.) @UWEBristol @UWELaw
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@GerhardKempICL
Gerhard Kemp
2 years
@UrbanLo Incredible. I’ve read the report. The DA position is such an obvious bad faith misrepresentation.
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@GerhardKempICL
Gerhard Kemp
9 months
I will be speaking at the Franz-von-Liszt Institut/Humboldt ICL Discussion Group, Berlin on 13/12. Logistics here: “Prosecuting #Apartheid
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@GerhardKempICL
Gerhard Kemp
7 months
Yep, the “rules based system” works in mysterious ways
@mabecker17
Mike Becker
7 months
The #ICJ will announce decisions this week in two cases by Ukraine against Russia. If 🇺🇦 prevails, the US & other states may end up in the awkward position of calling for Russia to abide by the ICJ judgments while also appearing to endorse Israel's defiance of the ICJ's PM order.
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@GerhardKempICL
Gerhard Kemp
3 years
The “Writing & Publishing Project for Early Career Academics in Sub-Sahara Africa”, conceptualised with my colleague @pilisano (Namibia), has received a grant from @BritishAcademy_ . Thanks also @alattar_mohsen , @kevinjonheller , and Caroline Fournet for your support. #Writing21
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@GerhardKempICL
Gerhard Kemp
1 year
My chapter deals with the topic of mutual legal assistance as a means to combat international crime (including the core atrocity crimes) in Africa.
@SpringerLaw
SpringerLaw
1 year
'Contemporary International Criminal Law Issues-Contributions in Pursuit of Accountability for Africa and the World' edited by Takeh B. K. Sendze, Adesola Adeboyejo, Howard Morrison & Sophia Ugwu has just been published. You can find the book at: @TMCAsser
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@GerhardKempICL
Gerhard Kemp
9 months
I don’t normally do open letters. I have signed this one 👇🏼. As noted elsewhere () I & others are concerned about the OTP’s application of an inconsistent standard pertaining to #Palestine situation. This letter articulates that concern excellently. #ASP22
@TWAILReview
TWAIL Review
9 months
🚨 please read, sign & share: Open letter to the Assembly of State Parties regarding the ICC Office of the Prosecutor’s engagement with the Situation in Palestine
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@GerhardKempICL
Gerhard Kemp
1 month
The Apartheid Convention (AC) of 1973, was not the focus of #ICJ Advisory Opinion in re #OccupiedPalestine . ICJ did, however found that #apartheid is imposed on OPT in violation of int. law. As @VictorKattan & I recently argued, it is time for the AC to be amended...
@GerhardKempICL
Gerhard Kemp
1 month
Indeed, see Judge Tladi’s opinion at paras 40 & 41. As Tladi J reminds us, #apartheid in SA was also presented as “separate but equal development” (i.e. a kind of innocent separateness). Judge Tladi’s opinion:
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@GerhardKempICL
Gerhard Kemp
3 months
🇿🇦 post-apartheid Constitution was adopted on this day in 1996. It includes a progressive Bill of Rights & my favourites:
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@PMG_SA
PMG
3 months
The #Constitution was first adopted by the Constitutional Assembly on 8 May 1996 Former Pres Mbeki delivered his ''I Am an African'' speech on this occasion #28years Speech Text: Video: Constitution:
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@GerhardKempICL
Gerhard Kemp
3 months
South Africa voted in favour (as they should). Historical side-note: It was SA’s Richard Goldstone who signed the first indictments for the #Srebrenica genocide in his capacity as ICTY Prosecutor.
@UN_News_Centre
UN News
3 months
#BREAKING UN General Assembly ADOPTS resolution designating 11 July as the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica, to be observed annually Voting result In favour: 84 Against: 19 Abstain: 68
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@GerhardKempICL
Gerhard Kemp
5 months
@MonicaLMarks @annamomi @TaliaRinger Dual citizenship status can presumably form part of the application before the relevant committee. But the law is clear: permission is required. This law entered into force on 18 Sept 1998, so any conduct since would fall within the temporal scope of the prohibition.
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@GerhardKempICL
Gerhard Kemp
1 month
Support the independence & jurisdiction of the @IntlCrimCourt , which includes jurisdiction over the situation in #Palestine . Make use of domestic legal tools to exercise crim. jurisdiction over atrocity crimes committed in #Israel & Palestine...
@FCDOHumanRights
Human Rights at FCDO
1 month
On this Day of International Criminal Justice, the 🇬🇧 stands firm in the defence of international law. We are determined to ensure that those responsible for atrocities committed around the world are held to account for their actions.
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@GerhardKempICL
Gerhard Kemp
5 months
Crisp & insightful, as usual. @Alonso_GD notes an important shift in the #ICJGenocideConvention SA v. Israel case based on the most recent additional provisional measures ruling & reasoning of the Court & the various separate opinions of the judges.
@opiniojuris
Opinio Juris
5 months
Comparing the ICJ’s Provisional Measures Orders in South Africa v. Israel, by @Alonso_GD
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@GerhardKempICL
Gerhard Kemp
4 months
Today, 🇿🇦 celebrates 30 years of post-apartheid freedom & democracy. There are many challenges (legacy of apartheid, issues of governance, corruption, persistent inequality…), but today we remember how precious freedom, democracy, and dignity are. #SouthAfrica #FreedomDay
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@GerhardKempICL
Gerhard Kemp
9 months
This is not about some contentious interpretation of IHL/war crimes law; this is about a systematic crime long in the making (CAH, apartheid...). How much more evidence is required? #Palestine @IntlCrimCourt
@hahauenstein
Hanno Hauenstein
9 months
"We are now actually rolling out the Gaza Nakba," says Avi Dichter, Israel's Minister for Agriculture and former head of Shin Bet.
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@GerhardKempICL
Gerhard Kemp
9 months
Excellent news! Warm congratulations, Dire @DireTladi4ICJ #ICJ
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@GerhardKempICL
Gerhard Kemp
3 years
Inaugural lecture done & dusted - thank you for all your support @DerbyUni @PaulLUoD @Prof_Andra
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@GerhardKempICL
Gerhard Kemp
4 months
Will the legal advice be made public? The FS is referencing the robust legal regime governing arms sales; we should be able to see the advice. 🇬🇧 #IHL
@SkyNews
Sky News
4 months
'The UK's position on Israel arms sales remains unchanged', says @David_Cameron The Foreign sec adds that 'our position is in line with our international partners and Israel remains a vital defence and security partner to the UK' 📺 Sky 501 and YouTube
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@GerhardKempICL
Gerhard Kemp
2 years
Our little 🇿🇦driftwood #Christmas tree is up
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@GerhardKempICL
Gerhard Kemp
10 months
🇿🇦Foreign Affairs minister explicitly calls on the ICC to issue arrest warrants in Israel/Palestine situation, including an arrest warrant for PM Netanyahu. Also labels Hamas’s atrocity crimes as violations of international law; calls for 2-state solution.
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@GerhardKempICL
Gerhard Kemp
9 months
I signed the TWAIL open letter. I would encourage people to read Kevin's response. Both pieces speak for themselves. FWIW, I stand by the TWAIL letter. I would add: the *context* should not be overshadowed by an adversarial debate. For me, the context is the issue of legitimacy..
@kevinjonheller
Kevin Jon Heller
9 months
I have posted a (very) long response to this open letter, which misrepresents both the history of the #Palestine investigation and the Prosecutor's statements concerning it, @opiniojuris .
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@GerhardKempICL
Gerhard Kemp
3 years
Interested in pursuing #PhD studies in the UK? I welcome applications for this #PhDposition / scholarship in international criminal justice, and especially topics related to colonial atrocities, accountability & reparations. Closing date: 10/12/21.
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