Gerhard Kemp
Biographic Data
| ID | 3997150 |
|---|---|
| NAME | Gerhard Kemp |
| GIVEN NAMES | Gerhard |
| FAMILY NAME | Kemp |
| SIGNATURE | KEMP G |
| AFFILIATIONS | Stellenbosch University |
| ORCID | 0000-0001-6723-3624 |
| VERIFIED | Yes |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 2 |
| WORKS AS AUTHOR | 7 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2012 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 1 |
International Criminal Tribunals as Triggers of Institutional Change? Evidence from Ad Hoc Tribunals and the icc’s Referral and Proprio Motu Cases
The current article examines whether international criminal tribunals ( ict ) can be regarded as actors of international relations, which trigger domestic policy changes in countries under their jurisdiction. Drawing on the concepts of ‘third party enforcement’ and ‘credible commitment’ theory, the study examines ict cases during which an ict carried out investigations and prosecutions against the will of the respective sitting government. Based …
Damage to and Destruction of the Natural Environment
This contribution considers the significant and well-recorded environmental destruction in Gaza, following Israel’s full-scale military operations that started in October 2023. It is argued that, in the absence of ecocentric legal frameworks, war crimes law and international humanitarian law (IHL) more generally provide appropriate avenues for the protection of the environment and to close the accountability gap. In doing so, it argues that despi…
Prosecuting the Crime against Humanity of Apartheid
Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of apartheid its name and material content. The indictment is, however, also a reminder that the non-prosecution of apartheid is a legal and moral issue to be understood in the context of South Africa’s transiti…
Public Health Crisis Management and Criminal Liability of Governments
Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is not outlandish to consider forms of criminal liability for failure of individual members of government, including spe…
Werner Nicolaas Nel, Grievous Religious Persecution
How should crimes against humanity of religious persecution be conceptualised? This monograph, based on the author’s doctoral dissertation, focuses on this central question. Although there is significant normative and conceptual overlap between it and crimes of genocide and persecution as they pertain to protected religious groups, Nel centres his analysis on the Rome Statute of the International Criminal Court (icc) as an institutional and legal…
Was Quashing the Maji-Maji Uprising Genocide? An Evaluation of Germany’s Conduct through the Lens of International Criminal Law
Recently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905–1907). By analyzing first-hand archival records from Germany and Tanzania, this article examines whether German actions constitute genocide according to the Genocide Convention or the International Criminal Tribunals’ jurisprudence. The authors find strong evidence t…
Like Dust before the Wind, or, the Winds of Change? The Influence of International Criminal Tribunals on Narratives and Media Frames
∞ When created, international criminal tribunals (ICTs) were not only expected to do justice but also to provide stabilization to postconflict regions, contribute to reconciliation and curb the potential denial of atrocities. Based on media content analysis, this article examines whether controversial ICT decisions triggered changes in narratives or frames about the conflicts which formed the background of the respective ICT decisions. There is n…
Aggression as "Organized Hypocrisy?" - How the War on Terrorism and Hybrid Threats Challenge the Nuremberg Legacy
Modern threats to international peace and security from so called "Hybrid Threats", multimodal threats such as cyber war, low intensity asymmetric conflict scenarios, global terrorism etc. which involve a diverse and broad community of affected stakeholders involving both regional and international organisations/structures, also pose further questions for the existing legacy of Nuremberg. The (perhaps unsettling) question arises of whether our pr…
Prosecuting the Crime against Humanity of Apartheid
Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of apartheid its name and material content. The indictment is, however, also a reminder that the non-prosecution of apartheid is a legal and moral issue to be understood in the context of South Africa’s transiti…
Like Dust before the Wind, or, the Winds of Change? The Influence of International Criminal Tribunals on Narratives and Media Frames
∞ When created, international criminal tribunals (ICTs) were not only expected to do justice but also to provide stabilization to postconflict regions, contribute to reconciliation and curb the potential denial of atrocities. Based on media content analysis, this article examines whether controversial ICT decisions triggered changes in narratives or frames about the conflicts which formed the background of the respective ICT decisions. There is n…
Aggression as "Organized Hypocrisy?" - How the War on Terrorism and Hybrid Threats Challenge the Nuremberg Legacy
Modern threats to international peace and security from so called "Hybrid Threats", multimodal threats such as cyber war, low intensity asymmetric conflict scenarios, global terrorism etc. which involve a diverse and broad community of affected stakeholders involving both regional and international organisations/structures, also pose further questions for the existing legacy of Nuremberg. The (perhaps unsettling) question arises of whether our pr…
Like Dust before the Wind, or, the Winds of Change? The Influence of International Criminal Tribunals on Narratives and Media Frames
∞ When created, international criminal tribunals (ICTs) were not only expected to do justice but also to provide stabilization to postconflict regions, contribute to reconciliation and curb the potential denial of atrocities. Based on media content analysis, this article examines whether controversial ICT decisions triggered changes in narratives or frames about the conflicts which formed the background of the respective ICT decisions. There is n…
Werner Nicolaas Nel, Grievous Religious Persecution
How should crimes against humanity of religious persecution be conceptualised? This monograph, based on the author’s doctoral dissertation, focuses on this central question. Although there is significant normative and conceptual overlap between it and crimes of genocide and persecution as they pertain to protected religious groups, Nel centres his analysis on the Rome Statute of the International Criminal Court (icc) as an institutional and legal…
Was Quashing the Maji-Maji Uprising Genocide? An Evaluation of Germany’s Conduct through the Lens of International Criminal Law
Recently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905–1907). By analyzing first-hand archival records from Germany and Tanzania, this article examines whether German actions constitute genocide according to the Genocide Convention or the International Criminal Tribunals’ jurisprudence. The authors find strong evidence t…
Prosecuting the Crime against Humanity of Apartheid
Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of apartheid its name and material content. The indictment is, however, also a reminder that the non-prosecution of apartheid is a legal and moral issue to be understood in the context of South Africa’s transiti…
Public Health Crisis Management and Criminal Liability of Governments
Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is not outlandish to consider forms of criminal liability for failure of individual members of government, including spe…
International Criminal Tribunals as Triggers of Institutional Change? Evidence from Ad Hoc Tribunals and the icc’s Referral and Proprio Motu Cases
The current article examines whether international criminal tribunals ( ict ) can be regarded as actors of international relations, which trigger domestic policy changes in countries under their jurisdiction. Drawing on the concepts of ‘third party enforcement’ and ‘credible commitment’ theory, the study examines ict cases during which an ict carried out investigations and prosecutions against the will of the respective sitting government. Based …
Damage to and Destruction of the Natural Environment
This contribution considers the significant and well-recorded environmental destruction in Gaza, following Israel’s full-scale military operations that started in October 2023. It is argued that, in the absence of ecocentric legal frameworks, war crimes law and international humanitarian law (IHL) more generally provide appropriate avenues for the protection of the environment and to close the accountability gap. In doing so, it argues that despi…
International Law and Human Rights (6 works) · Political science (6 works) · Law (5 works) · Criminology (4 works) · Global Peace and Security Dynamics (4 works) · Sociology (4 works) · International law (3 works) · Law (3 works) · Politics (3 works) · War crime (3 works)