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Josh Kern

@joshhkernn

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Barrister. Serious crime I International crime I Transnational crime I @9BRChambers

London, UK
Joined February 2011
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@joshhkernn
Josh Kern
6 months
Can anyone post a link to a post condemning Hamas for rejecting a two month ceasefire and release of the hostages by any of the international law “ceasefire now” crowd? It might simply be the algorithm but right now am hearing crickets..🦗 @Alonso_GD @MarkKersten @AdHaque110
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@joshhkernn
Josh Kern
6 months
Two points immediately arising from the @CIJ_ICJ decision on provisional measures: 1. Court does *not* order immediate suspension of hostilities requested by SA 2. Court frames dispute in terms of the context of 7 October 2023, i.e. on Israel’s terms, not SA’s
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@joshhkernn
Josh Kern
4 years
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@joshhkernn
Josh Kern
9 months
The images of these people tearing down the posters are almost as powerful as the posters themselves
@EylonALevy
Eylon Levy
9 months
I understand that there are people justifying Hamas’s crimes, because they’re moral sickos, but I can’t fathom that there are so many people in total denial that they happened at all.
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@joshhkernn
Josh Kern
9 months
Does anyone still maintain that Israeli tactics constraining incursions of the Gaza fence during the “Great March of Return” in 2018 were disproportionate?
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@joshhkernn
Josh Kern
9 months
Genocide prevention is not a war crime The proportionality principle prohibits attacks causing harm to civilians or civilian objects excessive in relation to concrete military advantage. Israel is not prohibited from attacks furthering the removal of Hamas to prevent genocide.
@btselem
B'Tselem בצלם بتسيلم
9 months
B'Tselem: Revenge policy in motion; Israel committing war crimes in Gaza On Saturday, hundreds of Palestinian militants entered Israel from the Gaza Strip, killing hundreds of civilians, soldiers and police officers, burning down homes and kidnapping more than 100 people. >
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@joshhkernn
Josh Kern
3 years
Karim Khan QC elected prosecutor of the @IntlCrimCourt
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@joshhkernn
Josh Kern
6 months
This is what a state says when international justice is an actor rather than an arbiter
@MarkKersten
Mark Kersten
6 months
“Nobody will stop us – not The Hague, not the axis of evil and not anybody else." ❌This is not what international law abiding states say. ❌This is not what human rights abiding leaders say. ❌This is not what those working for a democratic rules based order say.
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@joshhkernn
Josh Kern
6 months
Always a sound methodology to make judgements about law and facts in a case after hearing the arguments of one party
@AdHaque110
Adil Haque
6 months
At this stage, the law is on South Africa's side. Its team made the necessary legal arguments, quite effectively. But they also made a powerful moral appeal to the Court to follow the rules laid down in its prior cases, without fear or favor. As did Ukraine, two years ago:
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@joshhkernn
Josh Kern
5 months
“In what universe is a cup of tea English?”
@kevinjonheller
Kevin Jon Heller
5 months
In what universe is shakshouka an Israeli dish? It's from the mid-16th century Maghreb -- Tunisia, in its modern spicy form with eggs. The name itself comes from Amazigh (shakshak -- "mixed up"), the language of a North African people.
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@joshhkernn
Josh Kern
6 months
The naïveté belied by this post is staggering. Hamas is genocidally committed to the destruction of Israel and the slaughter of Jews. There is no suggestion that any one of these steps would have made a scintilla of difference to its decision to perpetrate the massacre of Jews
@MarkKersten
Mark Kersten
6 months
There'd likely be no genocide case at the #ICJ had: ☑️The illegal blockade been lifted ☑️All war crimes been prosecuted ☑️Apartheid been investigated ☑️Int'l courts not been threatened by 🇮🇱& its allies ☑️Illegal settlements been dismantled The case reflects a failure to do👆
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@joshhkernn
Josh Kern
2 years
@benmrowe @mrjamesob “May flights of angels sing thee to thy rest” is also from John Taverner’s “Song for Athene” (1997) - and was sung at Princess Diana’s funeral as the cortège left the Abbey.
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@joshhkernn
Josh Kern
2 years
I publicly confirm: - I will be following No Returns. - I will never join a Public Defender Service. - I fully support and believe in @TheCriminalBar - I fully support a united campaign, working with all arms of the legal profession.
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@joshhkernn
Josh Kern
3 years
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@joshhkernn
Josh Kern
8 months
Must read from @ShMMor on the golden thread connecting the Israeli-Palestinian conflicts of 1948, 1967, 2000, and 2023. The path from spring 2021 to the autumn of 2023 is set out in the screenshots below.
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@ShMMor
Shany Mor שני מור شني مور
8 months
My new essay in @mosaicmag "Ecstasy and Amnesia in the Gaza Strip" takes a look at the three very different wars that have shaped the Palestinian predicament, just as it seems we are embarking on a fourth.
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@joshhkernn
Josh Kern
4 years
Since 1 Jan, when the UK disconnected from the EU database of foreign criminals (SIS II), reports indicate that one person has been arrested for surrender to the EU. The police cannot arrest criminals who they do not know are in the UK. Brexit is making the UK less safe.
@christopherhope
Christopher Hope📝
4 years
EXCLUSIVE Brexit will make Britain a safer country to live in, says Home Secretary Priti Patel in this weekend's Sunday Telegraph
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@joshhkernn
Josh Kern
9 months
There is no legal or moral equivalence between collateral damage and a war of extermination.
@MEMRIReports
MEMRI
9 months
Hizbullah-Affiliated Lebanese Researcher Habib Fayyad: There Are No Civilians in Israel; I’m Not Saying that Every Israeli 5-Year-Old Should Be Killed - They Can Be Taken and Placed in a Kindergarten #hamas #Lebanon #Hizbullah
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@joshhkernn
Josh Kern
9 months
Have @FranceskAlbs @NaviPillay1 Miloon Kothari or Chris Sidoti demanded Hamas release the hostages yet?
@leekern13
leekern
9 months
Have @AOC @RashidaTlaib and @IlhanMN demanded Hamas release the hostages yet? DAY 12: No
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@joshhkernn
Josh Kern
7 months
In the Orwellian world of @ForensicArchi and @alhaq_org , Hamas simply does not exist
@ForensicArchi
Forensic Architecture
7 months
Our aggregation of news reports since 7 Oct suggests that hospitals in Gaza are subjected to a repeated pattern of intimidation, direct targeting, siege, and occupation by the Israeli military:
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@joshhkernn
Josh Kern
3 years
Statement by @BorisJohnson on the #ICC Palestine investigation.
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@joshhkernn
Josh Kern
5 years
@IntlCrimCourt
Int'l Criminal Court
5 years
#AlBashir case: Read the Q&A on the #ICC Appeals Chamber’s recent ruling on Jordan’s cooperation ->
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@joshhkernn
Josh Kern
6 months
Extraordinarily disingenuous to frame the @CIJ_ICJ as ordering an immediate ceasefire by omitting the chapeau to the measure in para 86(1) - which states that the prohibited acts are those “within the scope of Article II” of the Genocide Convention, ie requiring specific intent
@ClaysonMonyela
Clayson Monyela
6 months
To be clear...the #ICJ has effectively ordered an immediate ceasefire & for #Israel to halt military operations. The order: "The state of Israel shall ensure WITH IMMEDIATE EFFECT that its MILITARY does NOT commit any acts described in point 1. These are: a) Killing of members
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@joshhkernn
Josh Kern
5 years
@MattBluefoot @vivamjm @tnewtondunn Yes. Exploitation of Brexit in order to isolate the UK was always an unfortunate but foreseeable consequence of Brexit. @WalkerMarcus @RosemontEmily
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@joshhkernn
Josh Kern
8 months
@EliotHiggins @EylonALevy Eliot, there is a difference between giving a straight answer to a serious question asked in good faith, and declining to dignify an insinuation of bad faith with a direct response
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@joshhkernn
Josh Kern
6 months
@howserob
Rob Howse
6 months
While Israel destroying Gaza as a civil society, the Gazan people, Hamas has remained strong enough to thumb its nose at latest ceasefire proposals & continue fighting. Ineffectiveness against *Hamas* of continued Israel hostilities suggests another motive. Genocide, perhaps?
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@joshhkernn
Josh Kern
9 months
More than this, where are the calls for the Hamas genocidaires to surrender? Where are the calls for immediate release of the hostages? Might this not spare the bloodshed that is to come
@AnneHerzberg14
Anne Herzberg
9 months
I still have yet to see a single unequivocal public condemnation of the Hamas atrocities, including slaughter of more than 1000 civilians, beheading, torture, rape, and kidnapping, from Palestinian NGOs claiming to promote human rights. Pls send if you have.
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@joshhkernn
Josh Kern
2 years
@FranceskAlbs @jsternweiner Francesca, you’ve said that you regret saying that the “Jewish lobby” had “subjugated” the United States, yet you’ve now endorsed multiple claims that calling this out is weaponising antisemitism. Could you please at least be clear and unequivocal about your own stance?
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@joshhkernn
Josh Kern
5 years
“Australia’s position is clear — we do not recognize a so-called ‘State of Palestine’ and we do not recognize that there is such a State Party to the ICC’s Rome Statute.”
@EVKontorovich
Eugene Kontorovich
5 years
International law folks: can you think of another example when an ICC member state condemned prosecutor's investigation of a situation involving third-party state? Maybe some African examples?
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@joshhkernn
Josh Kern
3 years
Thank you to @ejiltalk for posting my response to @hrw ’s definition of apartheid. In my post I show how #HRW ’s definition lacks a basis in treaty or customary law, & argue that consideration of #apartheid South Africa’s practices aids the process of defining apartheid’s elements.
@ejiltalk
EJIL: Talk!
3 years
Uncomfortable truths: how HRW errs in its definition of “Israeli apartheid”, what is missing, and what are the implications? by @joshhkernn
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@joshhkernn
Josh Kern
2 years
This interview is staggering. And a must read in order to witness the subsisting dialogue of the deaf between Israel and the international human rights community
@TimesofIsrael
The Times of Israel
2 years
The Times of Israel’s diplomatic correspondent @Lazar_Berman conducted a lengthy, mutually frustrating conversation with the @amnesty officials behind their ‘apartheid’ report. We’re publishing it in full
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@joshhkernn
Josh Kern
3 years
@EVKontorovich Judge Kovacs says quite literally the same thing in his dissent.
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@joshhkernn
Josh Kern
9 months
This statement reverses the burden of proof in a criminal trial (which always remains on the prosecution) by seeking to draw an analogy with a principle of IHL in violation of Article 22(2) of the Rome Statute.
@AdHaque110
Adil Haque
9 months
Homes, schools, hospitals are protected. "The burden of proving that their protective status is lost rests with those who aim the gun, the missile, or the rocket in question." Same applies to indiscriminate rocket fire by Hamas.
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@joshhkernn
Josh Kern
5 months
@Alonso_GD You are not framing the “right of return” in the manner in which it has been claimed by the PLO or, for that matter, UNRWA. If it was as a matter of a claim for compensation and damages, this conflict would have been resolved decades ago.
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@joshhkernn
Josh Kern
2 years
@FranceskAlbs Francesca, have you undertaken a thought experiment where Israel withdraws unilaterally? Does the PA survive? For how long? What does that mean for Israel? No violation of the law on the use of force arises from the Israeli presence in the West Bank; Israeli security demands it.
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@joshhkernn
Josh Kern
8 months
@EquusontheBuses @GaryLineker @simon_schama To be fair, @simon_schama engaged with @GaryLineker on this, not the other way around.
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@joshhkernn
Josh Kern
3 years
Does anyone else find it surprising how (relatively) little discussion there has been on #ICLTwitter about the Appeals Chamber litigation on attacks on cultural property in Ntaganda?
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@joshhkernn
Josh Kern
2 years
@sfardm Michael, this is playing the (wo)man, not the ball. You know @AnneHerzberg14 has written extensively on the substance. Can you please explain why racist rhetoric expressed by a UN mandate holder should be given a free pass when it relates to a group she is mandated to report on?
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@joshhkernn
Josh Kern
5 months
Reposted without comment
@FranceskAlbs
Francesca Albanese, UN Special Rapporteur oPt
5 months
Le 'plus grand massacre antisémite de notre siècle'? Non, M. @EmmanuelMacron . Les victimes du 7/10 n'ont pas été tuées à cause de leur judaïsme, mais en réaction de l'oppression d'Israël. La France & la communauté int'le n'ont rien fait pour l'empêcher. Mes respects aux victimes.
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@joshhkernn
Josh Kern
5 years
Excited to be in Ireland and very grateful to @JiaWangINT and @IrishCentreHR for inviting me 🇮🇪 Looking forward to the seminar tomorrow!
@IrishCentreHR
Irish Centre for Human Rights
5 years
Next week @joshhkernn will deliver a lunchtime seminar on 'Jurisdiction and non-States Parties of the International Criminal Court'. Join us on Tuesday 5th of November, 1pm @IrishCentreHR seminar room. All welcome!
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@joshhkernn
Josh Kern
3 years
Relevant 🧵 for anyone interested in the allegation of apartheid against Israel. On @ejiltalk in July last year, @4noura expressly accredited and adopted Fayez Sayegh in a post that was read & shared widely among intl lawyers @carola_lingaas @EVKontorovich @Rania_Muhareb
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@joshhkernn
Josh Kern
9 months
@tomdannenbaum @boyd_vandijk If the ICC has jurisdiction, which is not certain, engagement of these provisions would depend on the order’s duration, even assuming it has been given in these terms. What’s clear is that an act of extermination was committed on Saturday - Israel is entitled to respond.
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@joshhkernn
Josh Kern
2 years
@FranceskAlbs Francesca, do you honestly believe that this phenomenon does not also exist - on campus and elsewhere - with respect to the silencing of pro-Israel voices? Why do you always choose only to highlight discrimination that goes one way?
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@joshhkernn
Josh Kern
9 months
It seems unfathomable that a supposed legal analysis of Israel and Gaza since 7 October in relation to genocide might only to refer to the Hamas massacres in passing but, thanks to @MarkKersten , @shanedarcy_ , and “Justice” in Conflict, this is where the gaslighting has got to.
@MarkKersten
Mark Kersten
9 months
The #ICC is not the only Hague-based court with jurisdiction over Gaza. @shanedarcy_ explores the relevance of the International Court of Justice to the situation, and its potential role in addressing a "spectre of genocide":
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@joshhkernn
Josh Kern
3 years
Happening now 🚨 @leilasadat1 opens with a powerful video from 2008 supporting the forging of an international convention for the suppression of crimes against humanity.
@DanyaChaikel
𝗗𝗮𝗻𝘆𝗮 𝗖𝗵𝗮𝗶𝗸𝗲𝗹
3 years
Online event: 'Forging a Convention for #CrimesAgainstHumanity ' with Professor Leila Nadya Sadat @leilasadat1 22 February 2021, 16:00 GMT
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@joshhkernn
Josh Kern
2 months
@JMPSimor @SPENCE_JOHN Borders are a specifically reserved issue for final status negotiations under the Oslo Accords, agreed to by both the Israeli and the Palestinian side. Neither Israel, nor any future Palestinian State, have internationally defined borders.
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@joshhkernn
Josh Kern
9 months
@SantiagoVargasN @tomdannenbaum @boyd_vandijk Maybe your time would be better spent calling for release of the hostages.
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@joshhkernn
Josh Kern
6 months
These people are an existential threat to Israel and - by extension - to Jews worldwide. They must be opposed and stopped by all those who care for Israel and Israelis, as well as Palestine and Palestinians
@EpshtainItay
Itay Epshtain
6 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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@joshhkernn
Josh Kern
3 years
Today at 1500, in an event organised by @Swansea_Law , @bellingcat ’s methodology for gathering and producing #OSINT will be tested in a mock hearing governed by English rules of admissibility of criminal evidence. @TheInnerTemple @middletemple @HonSocGraysInn @lincolnsinn
@GLAN_LAW
GLAN | Global Legal Action Network
3 years
Mock Admissibility Hearing on Open Source Evidence (Feb 19th). Presiding judge: @JudgeKorner Testing our methodology developed with @Bellingcat to increase legal weight of open source information in criminal proceedings w/ @Swansea_Law Register now:
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@joshhkernn
Josh Kern
2 years
@Alonso_GD The U.K. position is that the future of the Falklands is up to the islanders.
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@joshhkernn
Josh Kern
4 years
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@joshhkernn
Josh Kern
7 months
It’s fascinating to see precisely who is advocating for Hamas to remain as the effective authority in Gaza, and to leave Israelis vulnerable to a repeat of 7 October
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@joshhkernn
Josh Kern
2 months
Activists seeking to rewrite the law of armed conflict in real time is not a new phenomenon. Structurally this is now a challenge for States and their militaries, on the one hand, and certain academics, NGOs, and the international organisations they have captured, on the other.
@djag2
Douglas Guilfoyle
2 months
@OriPomson @Alonso_GD Yes, the accusation of hindsight is the standard apologist trope. The scale however of the civilian calamity anticipatable in this instance was absolutely obvious and anticipatable in advance.
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@joshhkernn
Josh Kern
4 years
Interesting to compare Amb. Scheffer's words at the #ICC Appeals Chamber hearings in #Afghanistan in December 2019 with his statements at the Rome Conference on 9 and 17 July 1998 (the latter confirming reasons for US rejection of the Rome Statute). 1/5
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@joshhkernn
Josh Kern
4 years
The @metpoliceuk investigation of #PMSC Keenie Meenie Services' (KMS) conduct in Sri Lanka between 1984 - 1987 is a potentially significant moment in the development of UK policy on universal jurisdiction & business and human rights.
@TamilGuardian
Tamil Guardian
4 years
British police open war crimes investigation into UK mercenaries in Sri Lanka #lka #srilanka #warcrimes #britain #uk #tamil #eelam
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@joshhkernn
Josh Kern
4 years
This is a quick, concise rebuttal of @btselem ’s #apartheid allegation. Yet it only scratches the surface of flaws with #Btselem ’s report and methodology. These go further than highlighted by @EVKontorovich here, and to the substance of the elements of the crime itself.
@EVKontorovich
Eugene Kontorovich
4 years
I debunk @btselem 's baseless, inflammatory, & Semitic invocations of crime of Apartheid against Israel in short new memo:
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@joshhkernn
Josh Kern
2 years
@inner_temple It’s so gorgeous!
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@joshhkernn
Josh Kern
5 years
@MLewisLawyer @IrvineWelsh Irvine, your insinuation of ‘another agenda’ is antisemitic. Mark is right, you know what tropes are.
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@joshhkernn
Josh Kern
4 years
Eli Gabay, of the #Demjanjuk prosecution team, compares his trial’s courtroom layout with #Eichmann ’s - setting the “stage” for the international war crimes trials to come in the 90s, and since. Thanks to the @wienerlibrary for a fascinating evening.
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@joshhkernn
Josh Kern
5 years
Fascinating to hear @DanPlesch ’s unique insights into Churchill and Atlee’s contributions to the #UNWCC @9bedfordrow this evening, including with respect to the genesis of “positive complementarity” and early State practice on the elements of #CAH .
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@joshhkernn
Josh Kern
9 months
@SantiagoVargasN @tomdannenbaum @boyd_vandijk You appear to be taking information disseminated by Hamas at face value.
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@joshhkernn
Josh Kern
8 months
Time and again, close analysis of citation practice reveals sloppiness in NGO and media reporting of allegations of war crimes. This is especially true, although not exclusively so, with respect to reporting on Israel.
@Aizenberg55
Aizenberg
8 months
🧵Claimed words by IDF spokesman Hagari: “The emphasis is on damage and not on accuracy” have been falsely quoted worldwide as proof that Israel bombs Gaza indiscriminately, part of a campaign to claim genocidal intent. HonestReporting investigated; read for detail: 1/
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@joshhkernn
Josh Kern
5 months
The legal wing of humanity
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@AdHaque110
Adil Haque
6 months
While I process my disappointment over the lack of a ceasefire order, I want to once again commend the South African team. In their words: "South Africa is here before this Court, in the Peace Palace. It has done what it could." The legal wing of humanity, one might say.
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@joshhkernn
Josh Kern
5 years
Thank you @dovjacobs for travelling from Narnia to London to share your thoughts on the Jordan Decision in the ‘real world’ @9bedfordrow last night. Fascinating talk and - this time at least - a great Q&A!
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@joshhkernn
Josh Kern
2 years
Chambers is now recruiting for the 2023 pupillage round. If you have a background in ICL and are interested in applying, my DMs are open to answer any questions you might have! 🙏
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@joshhkernn
Josh Kern
5 years
With @dovjacobs of @9BRi and Shimon Samuels of @simonwiesenthal after delivering submissions at the @IntlCrimCourt on Thursday in the Afghanistan appeal hearings.
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@joshhkernn
Josh Kern
2 years
@KreaseChan @JakeWSimons Kristyan, the Rome Statute - on which you rely - requires proof of an “institutionalised regime” of domination and oppression. It is not wrong to refer to an “apartheid state” in this context, where the elements specifically entail examination of a “regime”. You knew that, right?
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@joshhkernn
Josh Kern
5 years
Hart v Dworkin @scottjshapiro (2007)
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@joshhkernn
Josh Kern
6 months
Also interesting to note that Judge Barak did *not* dissent on all of the measures requested by SA.
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@joshhkernn
Josh Kern
5 years
@Barrie_Sander @kevinjonheller @dovjacobs @kiphale @ICCwatch @djag2 @ejiltalk @opiniojuris @sevslv @MarkKersten @pilabuda @BradfieldPaul @tdesouzadias @LeckerC Yes. But the AC issued the summary before issuing the Judgment. It issued the Judgment before the JCO. Is it right to expect commentators from withholding comment once a summary (ratio) is published? Isn’t the issuance of seriatim opinions the real practice to be deprecated here?
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@joshhkernn
Josh Kern
5 years
@HenMazzig @CNN @GallupNews It’s bizarre. @CNN should invite you next time, @HenMazzig )
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@joshhkernn
Josh Kern
3 months
Another day, another example of extraordinary editorial practice @opiniojuris . The editors claim to vet all posts carefully, yet here is one which fails to reference, still less engage with, the @IDF ’s response to the Lavender story:
@opiniojuris
Opinio Juris
3 months
Lavender Unveiled: The Oblivion of Human Dignity in Israel's War Policy on Gaza
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@joshhkernn
Josh Kern
5 years
We've published a Communication — submitted to the #OTP yesterday — on the exercise of #ICC jurisdiction over nationals of non-States Parties. It picks up an argument we made last year () & develops it in light of recent #ICC jurisprudence on jurisdiction.
@9BRi
9 Bedford Row International
5 years
Steven Kay QC and Joshua Kern submit Article 15 Communication to OTP on jurisdiction over nationals of non-States Parties #ICC #jurisdiction #Article15 @9BRi @LawfareProject @UKLFI
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@joshhkernn
Josh Kern
5 years
Thought-provoking post, and a fascinating synergy of personal insights, from Richard Goldstone, Dan Plesch ( @DanPlesch ), and Phil Clark ( @philclark79 ) on the continuing relevance of lessons learned from the #UNWCC .
@9BRi
9 Bedford Row International
5 years
Justice for war criminals and human rights abusers: Beyond the Nuremberg – ICC model
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@joshhkernn
Josh Kern
9 months
The precautionary principle requires Israel to take feasible precautions during military operations to spare civilians and civilian objects. @btselem fails to substantiate its claim that Israel has not provided effective warnings to the civilian population of Gaza.
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@joshhkernn
Josh Kern
9 months
@EliotHiggins
Eliot Higgins
9 months
Here's daytime footage from the impact site at the hospital
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@joshhkernn
Josh Kern
6 months
Another essay on alleged Israeli apartheid and genocide that fails to mention, let alone engage with, Israel’s security dilemma @VictorKattan @GerhardKempICL
@ejiltalk
EJIL: Talk!
6 months
Apartheid as a form of genocide: Reflections on South Africa v Israel | by @VictorKattan & @GerhardKempICL
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@joshhkernn
Josh Kern
5 months
Although there is no legal obligation to suspend conferred by Article 2 in these circumstances. This type of distortion of international legal obligations by proclaimed UN “experts” undermines the rule of international law - and the UN itself.
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@FranceskAlbs
Francesca Albanese, UN Special Rapporteur oPt
5 months
The #EU is Israel's largest trading partner, accounting for 30% of its trade in goods. The EU-ISR economic agreement stipulates 'respect for human rights' (art 2). The #ICJ 's recognition of the risk of Genocide obliges the EU to suspend the agreement.
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@joshhkernn
Josh Kern
5 years
Thank you to all @IrishCentreHR and @JiaWangINT for your hospitality and kindness in Galway. It was a privilege to visit the Centre yesterday and discuss such timely matters with you and the students, and an honour to be invited. My remarks are available below:
@9BRChambers
9BR Chambers
5 years
On 5 November, Josh Kern ( @joshhkernn ) led a seminar on "Jurisdiction and non-States Parties of the International Criminal Court" at the Irish Centre for Human Rights ( @IrishCentreHR ) in Galway. Josh's remarks are available here.
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@joshhkernn
Josh Kern
4 years
The @KRTribunal ’s decisions on JCE 3, on which @mgkarnavas fought so hard for so long when acting for Ieng Sary, may ultimately be one of the #ECCC ’s most enduring contributions to #ICL jurisprudence.
@dovjacobs
Dov Jacobs
4 years
Interesting thoughts from @mgkarnavas on JCE at the Kosovo tribunal. Obviously agree with the fact that the legal basis for using it is still as shaky today as it was 30 years ago!
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@joshhkernn
Josh Kern
3 years
@kevinjonheller Sort of like the time when Opinio Juris created an *entire symposium* designed to mislead people that there is only one point of view through which to frame the ICC’s actions in Israel and Palestine.
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@joshhkernn
Josh Kern
9 months
In this post at @just_security , @yousufsyedkhan fails properly to engage with the imperative military necessity to clear to a combat zone in Gaza, and he glosses @Schmitt_ILaw ’s assessment of the legitimacy of Israel’s instruction to civilians to evacuate northern Gaza.
@just_security
Just Security
9 months
The Directive to Evacuate Northern Gaza: Advance Warning or Forced Displacement? Must Read analysis by @yousufsyedkhan #IsraelHamasConflict #IsraelGazaWar
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@joshhkernn
Josh Kern
9 months
The terrorist attack was “genocidal” @opiniojuris @LieberCode
@LieberCode
Jens David Ohlin
9 months
My preliminary analysis of the ICL issues raised by the recent terror attacks in Israel.
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@joshhkernn
Josh Kern
7 months
Important comment from two eminent historians - @simon_schama & @simonmontefiore (embedded) - not least considering the UN material the @CIJ_ICJ is expected to rely on when considering whether to deliver its opinion on Israel/Palestine in 2024 See here -
@simon_schama
Simon Schama
7 months
yes, grotesquely selective; as well as absence of Arab states invasion in 48, also omits Jewish acceptance, Arab rejection of Peel proposal; ditto rejections of 2 states in 2000 by Arafat and 2008 (with Palestine capital in E Jerusalem, agreed borders etc) by Abbas - and much
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Josh Kern
1 month
@kevinjonheller @AnneHerzberg14 Our argument is the report appears to be intended to provide PR cover for the requests. It is good to know that it not relied on before the PTC. This supports our argument I would request that you refrain from any more professional discourtesy. These are appropriate questions.
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Josh Kern
7 months
This is an inaccurate appeal to the rule of law, and it is wrong on the law itself. Israel has no obligation to share information with the ICC as it is not a State Party to the Rome Statute.
@d_machover
Daniel Machover
7 months
Agreed . @SeanMac_R & the #RuleOfLaw requires Israel to provide all the evidence it holds to the . @IntlCrimCourt & for prosecutors to make charging decisions without delay - this is urgent; inaction by . @KarimKhanQC is bringing the #ICC into serous disrepute.
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@joshhkernn
Josh Kern
5 years
@edokonrad @972mag Dear Edo, querying whether it is correct that the family sold a share of this property privately, and what we are seeing here is the enforcement of (private) property rights?
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@joshhkernn
Josh Kern
6 years
A wonderful few days at @Salzburg_ICL symposium marking the 20th anniversary of the Rome Statute. Honoured and privileged to participate on the panel on jurisdiction and represent @9BRi . Thank you so much @astrid_coracini #soundoficl #salzburg #romestatute20
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@joshhkernn
Josh Kern
4 years
15 May 1948 is a momentous day for Jews and Palestinians alike. In this photo, my father stands on the right with his unit of “sayerim” from the 31st Battalion, Alexandroni. The photo is at Rosh Ha’ayin, scene of a bloody engagement between Iraqi forces and the IDF in June ‘48.
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@On_ThisDay_
| On This Day in History |
4 years
#OnThisDay , 15 May, 1948, following the expiration of The #British Mandate for #Palestine , the Kingdom of Egypt, Transjordan, Lebanon, Syria, Iraq and Saudi Arabia invade  #Israel  thus starting the 1948 #Arab_Israeli War.
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@joshhkernn
Josh Kern
4 years
@cnjohanssen @yuanyi_z It’s just difficult to assess when the agreement has not been made public.
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@joshhkernn
Josh Kern
8 months
E. Jerusalem is not “Palestinian territory according to int’l law.” Jerusalem’s status is indeterminate pending a negotiated settlement b/w #Israel and the #PLO . This was mutually agreed by the parties at Oslo. Zero sum statements preclude negotiations necessary for peace
@chamelons
chantal melonì
8 months
Look towards #Jerusalem if you want to understand the whole picture. East Jerusalem is Palestinian territory according to int'l law, unlawfully annexed by Israel, colonised and its population, also Christian, subjected to forcible transfer and ethnic cleansing. Since decades. 👇
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@joshhkernn
Josh Kern
5 years
@AdHaque110 Am sure you’ve got these already, but just in case... The Liberty to Spy by @AsafLubin (here ) & The Nature of the Rome Statute and the Place of International Law before the International Criminal Court by @tdesouzadias (here )
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@joshhkernn
Josh Kern
1 month
There is no misrepresentation. I would invite Kevin to retract that assertion.
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@kevinjonheller
Kevin Jon Heller
1 month
For the record, @joshhkernn and @AnneHerzberg14 misrepresent my involvement in the Palestine investigation. As Special Adviser on War Crimes, I was involved in the Office's in-house evidence review; I had no role in and was not part of the Panel's review or deliberations.
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@joshhkernn
Josh Kern
2 years
I have voted option 2B in the new @TheCriminalBar ballot. I have voted to withdraw my labour on publicly funded defence cases. We have taken action in a considered, moderate, and graded fashion. Raab won’t even take a meeting. No more. #ifnotnowwhen ?
@RobEdward90
Robert Levack @[email protected]
2 years
I have voted option 2B in the new @TheCriminalBar ballot. I have voted to withdraw my labour on publicly funded defence cases. We have taken action in a considered, moderate, and graded fashion. Raab won’t even take a meeting. No more. #ifnotnowwhen ?
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@joshhkernn
Josh Kern
2 years
John Quigley: “[Ukraine] could say that it considers Crimea to be part of its territory, but that it will not contest Russia’s claim.” • Acquisition of territory by use of force? ✅ • Irredentist claims? ✅ • Double standards? ✅ For future reference:
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@joshhkernn
Josh Kern
4 months
Jurisdictional and admissibility hurdles aside, this is one of numerous reports since 7/10 demonstrating the OTP’s prudence in pausing before proceeding to apply for warrants in the Palestine investigation
@Jerusalem_Post
The Jerusalem Post
4 months
After more than 24 hours of letting the story run freely, Qatari mouthpiece Al Jazeera deleted the page featuring their former story, which accused Israeli soldiers of allegedly perpetrating rape against Gazan women. @MOhadIsrael reports:
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@joshhkernn
Josh Kern
9 months
Yes, because all the NGOs who have so rigorously demonstrated their impartiality and concern for universal human rights since 7 October would undoubtedly use their status before the Court and ASP to ensure the proceedings are not instrumentalised.
@pilabuda
Patryk I Labuda
9 months
Independent and impartial international investigations, including by the International Criminal Court, are necessary to establish the facts.
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@joshhkernn
Josh Kern
1 month
@kevinjonheller Disclosure that the report was not submitted to the Chamber has been made public by you this morning, on Twitter, as a result of our post. If this had been known at the time the post was written, it would have been a misrepresentation. It wasn’t. Kindly retract and refrain.
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