Professor Gerhard Kemp's Outputs (12)

Decolonisation pedagogy as method (2023)
Presentation / Conference Contribution

Decolonisation pedagogy can serve as a method to address the legacy of colonialism in Africa in an organic way. This is also the case for interrogating the methods, content and approaches in international criminal law as a discipline.

Paying for colonial atrocities. The paradoxical outcome and the unexpected adverse consequences of the German-Namibian settlement concerning the genocide against the Herero and Nama (2023)
Book Chapter

This chapter critically assesses the Namibian-German settlement regarding the genocide against the Herero and Nama in historical, legal, and political perspectives.

Apartheid as a crime against humanity (2023)
Presentation / Conference Contribution

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 aparthei... Read More about Apartheid as a crime against humanity.

South Africa (2023)
Book Chapter

Potential criminal liability of senior government officials for responses (or lack thereof) during the COVID-19 pandemic. Structure of South African criminal law; general principles and sentencing.

COVID-19 and crimes against humanity (2023)
Book Chapter

Death and serious harm to physical and mental health caused by COVID-19 affect not only the protected interests underlying various crimes under domestic law (notably murder, other homicide offences and assault), but can also be analysed in the contex... Read More about COVID-19 and crimes against humanity.

Horizontal and vertical international co-operation in criminal matters: An African regional and sub-regional perspective (2023)
Book Chapter

This chapter deals with the topic of mutual legal assistance as a means to combat international crime (including the core atrocity crimes) in Africa. It can be argued that effective mutual legal assistance modalities are imperatives of true Pan- Afri... Read More about Horizontal and vertical international co-operation in criminal matters: An African regional and sub-regional perspective.

Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law (2021)
Journal Article

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 Ta... Read More about Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law.

Like dust before the wind, or, the winds of change? The influence of international criminal tribunals on narratives and media frames (2019)
Journal Article

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 ana... Read More about Like dust before the wind, or, the winds of change? The influence of international criminal tribunals on narratives and media frames.

South Africa's (possible) withdrawal from the ICC and the future of the criminalization and prosecution of crimes against humanity, war crimes and genocide under domestic law: A submission informed by historical, normative and policy considerations (2017)
Journal Article

The ANC-led Government’s decision in October 2016 to withdraw South Africa from the International Criminal Court (“ICC”) came as a shock to those who regard South Africa as a champion of international criminal justice on the African continent. The de... Read More about South Africa's (possible) withdrawal from the ICC and the future of the criminalization and prosecution of crimes against humanity, war crimes and genocide under domestic law: A submission informed by historical, normative and policy considerations.

Mission impossible? "Humanitarian intervention" and the new paradigm of international criminal law (2002)
Journal Article

There is a growing emphasis on individual criminal liability for international crimes. Individual liability for aggressive wars is not new in international law.2 The question, however, is whether illegal "humanitarian" intervention could constitute i... Read More about Mission impossible? "Humanitarian intervention" and the new paradigm of international criminal law.

The United Nations Convention Against Transnational Organized Crime: A milestone in international criminal law (2001)
Journal Article

This article seeks to give an overview of some important provisions of an international instrument dealing with organized crime. The United Nations Convention Against Transnational Organized Crime of 2000 provides for the criminalization of crimes th... Read More about The United Nations Convention Against Transnational Organized Crime: A milestone in international criminal law.

Public Health Crisis Management and Criminal Liability of Governments
Book

The focus of this book is the possible criminal liability of senior government officials, and in appropriate contexts, the possible criminal responsibility of corporate entities. The chapter on epidemiology aims to give an overview of the origins and... Read More about Public Health Crisis Management and Criminal Liability of Governments.