Mark Kersten(@MarkKersten) 's Twitter Profileg
Mark Kersten

@MarkKersten

Human Rights, International Criminal Justice, Canadian Law | Prof @goUFV | @WayamoFound | BCL/JD McGill | PhD, @LSEnews | Author: Justice in Conflict (OUP 2016)

ID:28565521

linkhttp://www.justiceinconflict.org calendar_today03-04-2009 13:48:54

49,2K Tweets

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JMDavis(@JessMarinDavis) 's Twitter Profile Photo

What in the fresh hell is this.

“A CSIS officer's allegation that she was raped repeatedly by a superior in agency vehicles…also triggered an investigation into her that concluded the alleged attacks were a 'misuse' of agency vehicles by the woman.”

cbc.ca/news/politics/…

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Mark Kersten(@MarkKersten) 's Twitter Profile Photo

'The situation in Libya is a priority for the OTP.'

🤞 this means the much-anticipated arrest warrants related to atrocities committed against migrants are forthcoming.

ICC Deputy Prosecutor Nazhat Shameem Khan concludes official visit to Tripoli, Libya: icc-cpi.int/news/icc-deput…

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Janina Dill(@JaninaDill) 's Twitter Profile Photo

Audio-recording of our ASIL panel on the is now available at the link below. Here reflections on the conduct of the IDF and Hamas by Eliav Lieblich, Ardi Imseis, Vivian Salama

soundcloud.com/americansociet…

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Barrie Sander(@Barrie_Sander) 's Twitter Profile Photo

Just gonna leave this passage from Ad Hoc ICJ Judge Kress here...

More generally, this EJIL: Talk! piece on the plausibility test in recent provisional measures orders of the ICJ is very interesting 👇

ejiltalk.org/the-plausibili…

Just gonna leave this passage from Ad Hoc ICJ Judge Kress here... More generally, this @ejiltalk piece on the plausibility test in recent provisional measures orders of the ICJ is very interesting 👇 ejiltalk.org/the-plausibili…
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Janina Dill(@JaninaDill) 's Twitter Profile Photo

There is a real question of why the focus should be on the plausibility of the right here, check out M Becker's tweets and writings on this.

x.com/mabecker17/sta…

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Mark Kersten(@MarkKersten) 's Twitter Profile Photo

It's likely that the 's January decision on alleged genocide in Gaza was written so that judges could have their different views included.

But we now we have Donoghue as the authoritative view while other ICJ judges (rightly) won't join talk shows to share their views. Ugh.

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Mark Kersten(@MarkKersten) 's Twitter Profile Photo

This would be a good time to remind people that the Genocide Convention is focused as much on *prevention* as it is *punishment* of genocide.

South Africa was clear that it had the obligation to prevent genocide in Gaza, and was fulfilling it by bringing the case to the ICJ.

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Mike Becker(@mabecker17) 's Twitter Profile Photo

FWIW, my read on this. For reasons that others have raised, the ICJ would be better off taking a clear position that plausibility at the provisional measures phase encompasses rights *and* claims. This is not a new problem. Adil Haque Holger Hestermeyer Alonso Gurmendi Dr Juliette McIntyre Nicolás Carrillo-Santarelli

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Alonso Gurmendi(@Alonso_GD) 's Twitter Profile Photo

Much is being said about former ICJ President Joan Donoghue's interview in BBC HARDtalk, particularly her view that the ICJ 'did not find a plausible case of genocide'. A few thoughts 🧵

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Mark Kersten(@MarkKersten) 's Twitter Profile Photo

Agreed: 'The former President of the ICJ should not have publicly commented on a pending case. In doing so, she has given credence to false and bad faith interpretations of the Court's provisional measures decision. This risks the integrity of the proceedings.' 👇

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Mark Kersten(@MarkKersten) 's Twitter Profile Photo

'The ICJ did NOT reject South Africa's genocide claims or declare than implausible' 👇

Important 🧵 on Judge Donoghue's interview on BBC HardTalk, in which her talk made it harder to understand the case against Israel over the alleged genocide in Gaza.

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Mike Becker(@mabecker17) 's Twitter Profile Photo

The ICJ did NOT reject South Africa's genocide claims or declare than implausible (this is consistent with Judge Donoghue's remarks). One could instead think about this (i.e., plausibility of the *claim*) as a question the Court did not need to decide in granting interim relief.

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Janina Dill(@JaninaDill) 's Twitter Profile Photo

For the plausibility-curious: whether the right is plausible is a totally different question from whether the claim is plausible. BUT the only logical reason for why there is a risk to the plausible right is in this case that the claim is not implausible.

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Janina Dill(@JaninaDill) 's Twitter Profile Photo

Look man, there is only 'a risk of irreparable harm to the Palestinian right to be protected from genocide' if someone is plausibly threatening that right.

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Mike Becker(@mabecker17) 's Twitter Profile Photo

Re Judge Donoghue's BBC HARDtalk interview: I realize this won't satisfy many people, but there is a difference between saying (1) that the ICJ did not decide that claims of genocide are plausible (what she said) and (2) that the Court decided that such claims are NOT plausible.

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Mark Kersten(@MarkKersten) 's Twitter Profile Photo

The ICJ clearly believes there is a case to be heard on genocide in Gaza, finding 'a risk of irreparable harm to the Palestinian right to be protected from genocide'. If they didn't, they would have accepted 🇮🇱 request to dismiss the case from the outset. They explicitly did not.

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FIDH(@fidh_en) 's Twitter Profile Photo

🚨 Read our latest PR on the 's launch of its first-ever Policy on and .

While this is a significant development, FIDH calls for clear implementation and genuine engagement with civil society 👇fidh.org/en/issues/inte…

🚨 Read our latest PR on the #ICC #OTP's launch of its first-ever Policy on #Complementarity and #Cooperation. While this is a significant development, @fidh_en calls for clear implementation and genuine engagement with civil society 👇fidh.org/en/issues/inte…
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Mark Kersten(@MarkKersten) 's Twitter Profile Photo

'One of them pulled me to the roadside and gave me biscuits to eat since I was hungry.'

Former commander Thomas Kwoyelo shares details of his abduction at the age of thirteen during hearings in his trial: monitor.co.ug/uganda/news/na…

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