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Atrocity speech law : foundation, fragmentation, fruition

Title
Atrocity speech law : foundation, fragmentation, fruition / Gregory S. Gordon ; foreword by Benjamin B. Ferencz.
ISBN
9780190612689
0190612681
Publication
New York, NY : Oxford University Press, 2017.
Copyright Notice Date
©2017.
Physical Description
xxviii, 436 pages ; 25 cm.
Summary
Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
Format
Books
Language
English
Added to Catalog
May 08, 2017
Bibliography
Includes bibliographical references and index.
Contents
Speech and atrocity : an historical sketch
International human rights law and domestic law
The birth of atrocity speech law : Nuremberg and the foundational statutes
The birth of atrocity speech law : the foundational ad hoc tribunal cases and offense elements
Problems regarding the crime of direct and public incitement to commit genocide
Problems regarding persecution, instigation, and ordering
The absence of criminal prohibitions regarding hate speech and war crimes
Fixing incitement to genocide
Fixing persecution, instigation, and ordering
Adopting incitement to commit war crimes
Restructuring : a unified liability theory for atrocity speech law.
Citation

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