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Martha M Bradley

Associate Professor
Name: Martha M Bradley
Location: A-Ring office 705 Auckland Park Kingsway Campus
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Contact Details:
Tel: 011 559 4019

Email: mbradley@uj.ac.za

About Martha M Bradley

Martha M Bradley is Associate Professor in the Department of Public Law, Faculty of Law, University of Johannesburg. She specializes in Public International Law and International Humanitarian Law. Professor Bradley is a Y1 National Research Foundation rated Scholar.

Martha Bradley holds an LLB degree, and LLM in International Air, Space and Telecommunications Law in 2014, an LLM in Shipping Law, and the LLD degree in Public International Law. Martha has completed five certificate courses at the International Institute for Humanitarian Law in San Remo, these include: 1st IHL In-Depth Course (2021); Special Course on the Application of the Handbook of Integrating Gender Perspective into International Operations (2020); 40th Advanced Course on International Humanitarian Law (2019); the 50th Course for Directors of Courses and Training of IHL (2019); Peace Support Operations Course (2019). Two other significant certificate courses include Summer School of Public International Law Hague Academy of International Law, the Hague, Netherlands (2017) and ‘Public International Law and IHL’ Ludwig-Maximillians-Universität Munchen (2015). Professor Bradley recently was selected by the Minister of Higher Education of South Africa to participate in the DHET Future Professors Program Cohort 1 Phase 2 where 29 promising academics from South African universities are selected to undergo advanced training to develop their capabilities and fill the gaps in the professoriate in South Africa.

Professor Bradley has held research positions at two academic institutions, locally and abroad. After completing her doctorate, she joined the Faculty of Law at the University of Johannesburg (1 March 2018) where she was appointed as a post-doctoral researcher to the South African Research Chair for International Law until 30 June 2019. She was also employed as a researcher at the Palacký University in Olomouc, Faculty of Law, Department of International and European Law, the Czech Republic between September 2018 and March 2019. Professor Bradley was appointed as a lecturer in July 2019 at the University of Pretoria where she was later promoted to Associate Professor a position she held prior to joining the University of Johannesburg.

Professor Bradley regularly teaches at an international level on topics of international humanitarian law, in general, and, more specifically, conflict classification. The universities and institutes where this takes place include: Palacký University in Olomouc, Czech Republic; the NUST Institute of Peace and Conflict Studies (NIPCONS) at the Centre for International Peace and Stability (CIPS), Islamabad; and as of 2021 the prestigious International Institute for International Humanitarian Law in San Remo, Italy. Prof Bradley often takes on the role of an instructor in annual ICRC All-Africa Course on IHL as organised by the Pretoria Branch of the International Committee of the Red Cross.

Publications:

Academic Articles

  1. Bradley, M ‘Additional Protocol II: Elevating the minimum threshold of intensity’ International Review of the Red Cross, (2021) 102 (915), 1125–1152 (SCOPUS) (IBSS accredited) (WoS accredited)(h-index 35). https://international-review.icrc.org/articles/additional-protocol-ii-elevating-the-minimum-threshold-of-intensity-915
  2. Bradley, M ‘Determining the intensity threshold in a mosaic of non-international armed conflicts, from Lubanga to Ongwen: The International Criminal Court’s contribution towards a cumulative assessment approach’ THRHR 2021 (48)2 199- 217 (DHET accredited) https://heinonline.org/HOL/LandingPage?handle=hein.journals/tyromhldre84&div=20&id=&page=
  3. Bradley, M and De Beer, A ‘The Collective Responsibility of Organised Armed Groups for Sexual and Gender-Based Violence during a Non-International Armed Conflict’ Stellenbosch Law Review 2021 (32)1 129-154 (DHET accredited) http://www.jutajournals.co.za/the-collective-responsibility-of-organised-armed-groups-for-sexual-and-gender-based-violence-during-a-non-international-armed-conflict/
  4. Bradley, M “Classifying Non-International Armed Conflicts: The ‘Territorial Control’ Requirement under Additional Protocol II in an Era of Complex Conflicts” Journal of International Humanitarian Legal Studies 11 (2020) 349-384 (SCOPUS accredited) https://brill.com/view/journals/ihls/11/2/article-p349_349.xml
  5. De Beer, A and Bradley, M ‘Appellate deference v de novo analysis of evidence: the decision of the Appeals Chamber in Prosecutor v Jean-Pierre Bemba Gombo’ Yearbook of International Humanitarian Law 22 (2021) 153 – 185 (SCOPUS accredited) https://www.springerprofessional.de/appellate-deference-versus-the-de-novo-analysis-of-evidence-the-/18532058
  6. Martha M Bradley, ‘Revisiting the scope of application of Additional Protocol II: Exploring the inherent minimum threshold requirements’ African Yearbook of International Humanitarian Law 82 (2020) 81- 120 (DHET accredited) http://www.jutajournals.co.za/revisiting-the-scope-of-application-of-additional-protocol-ii-exploring-the-inherent-minimum-threshold-requirements/
  7. Bradley, M and De Beer, A ‘”All Necessary and Reasonable measures” – The Bemba Case and the Threshold for command Responsibility’ International Criminal Law Review 20(2):1-51(SCOPUS) https://brill.com/view/journals/icla/20/2/article-p163_163.xml
  8. Bradley, M ‘“Protracted armed conflict”: a conundrum. Does article 8(2)(f) of the Rome Statute require an organised armed group to meet the organisational criteria of Additional Protocol II?’ South African Journal of Criminal Justice 32 (3) (2019) 291 – 323 (DHET accredited) http://www.jutajournals.co.za/protracted-armed-conflict-a-conundrum-does-article-82-f-of-the-rome-statute-require-an-organised-armed-group-to-meet-the-organisational-criteria-of-additional-protocol-ii/
  9. De Beer, A and Bradley, M ‘Die beginsel van bevelsverantwoordelikheid soos vertolk deur die Internasionale Strafhof in die Bemba-saak’ TSAR (2019 vol 3) 510 – 526. (DHET accredited) https://journals.co.za/doi/abs/10.10520/EJC-16f1284d1f
  10. Bradley, M ‘Revisiting the notion of “organised armed group” in accordance with Common Article 3: Exploring the inherent minimum threshold requirements’ African Yearbook of International Humanitarian Law (2018 (vol 1)) 50 – 79 (DHET accredited) http://www.jutajournals.co.za/wp-content/uploads/2021/08/04-Revisiting-the-scope.pdf
  11. Bradley, M ‘Revisiting the notion of “intensity” inherent in Common Article 3: An examination of the minimum threshold which satisfies the notion of “intensity” and a discussion of the possibility of applying a method of cumulative assessment’ (2017) 17(2) International Comparative Law Review 7-38 (indexed on European Reference Index for Humanities and Social Sciences (ERIHplus) SCOPUS index as of 2019). https://sciendo.com/article/10.2478/iclr-2018-0013
  12. Bradley, M ‘The “intensity” threshold in accordance with article 8(2)(f) the Rome Statute: The conundrum the concept “protracted armed conflict” raises and the probability of a new category of non-international armed conflict’ (2017) South African Yearbook of International Law 42-79 (DHET accredited) https://unisapressjournals.co.za/index.php/SAYIL/article/view/8625
  13. Bradley, M ‘Expanding the borders of Common Article 3 in non-international armed conflicts: Amending its geographical application through subsequent practice?’ (2017) 64(3) Netherlands International Law Review 375-406 (IBSS accredited) https://link.springer.com/article/10.1007/s40802-017-0100-7
  14. Tladi, D and Bradley, M ‘National Commissioner of the South African Police Service v South African Human Rights Litigation Centre & Others 2015 (1) SA 315 (ZACC)’ (2014) South African Yearbook of International Law 137-143 (DHET accredited) (published in 2016) http://www.jutajournals.co.za/national-commissioner-of-the-south-african-police-service-v-southern-african-human-rights-litigation-centre-and-another-2015-1-sa-315-cc/

Chapter in books:

  1. Strydom, H & Bradley, M ‘“The Rise of the Neo-Patrimonial State in South Africa: From the Rule of Law to the Rule of Persons”’ in C Hugo & T Müller (eds) Legality and Limitation of Power: Values, Principles and Regulations in Civil Law, Criminal law and Public Law (Nomos Verlagsgeseelschaft mbH & Co. KG) (2020) 19-42 https://www.nomos-elibrary.de/10.5771/9783748906063-19/the-rise-of-the-neo-patrimonial-state-in-south-africa-from-the-rule-of-law-to-the-rule-of-persons?page=1
  2. Venter, R & Bradley, M “Heads of States In Violation Of The Law: A Typology Of The Responsibility Framework And Its Effectiveness From A Domestic, Regional And International Perspective” in Hennie Strydom and Joanna Botha (eds) Select essays on Governance and Accountability Issues in Public Law (Sun Media) (2020) 55 – 92 https://africansunmedia.store.it.si/za/book/select-essays-on-governance-and-accountability-issues-in-public-law/1118062
  3. Venter, R & Bradley, M “Legal Certainty in Terms of Head-of-State Immunity from an African and an International Perspective: The Article 27(2) Conundrum” in C Hugo & T Müller (eds) Legality and Limitation of Power: Values, Principles and Regulations in Civil Law, Criminal law and Public Law (Nomos Verlagsgeseelschaft mbH & Co. KG) (2020) 53-84 https://www.nomos-elibrary.de/10.5771/9783748906063-53/legal-certainty-in-terms-of-head-of-state-immunity-from-an-african-and-an-international-perspective-the-article-27-2-conundrum?page=1
  4. Bradley, M in “Jus Cogens’ Preferred Sister: Obligations Erga Omnesand the International Court of Justice – Fifty Years after the Barcelona Traction Case” in D Tladi (ed) Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Disputations Developments in International Law, volume 75 Brill 193-226 https://brill.com/view/book/edcoll/9789004464124/BP000009.xml?language=en