Atrocity Speech Law

Foundation, Fragmentation, Fruition

Nonfiction, Reference & Language, Law, International, Legal History, History, Jewish, Holocaust
Cover of the book Atrocity Speech Law by Gregory S. Gordon, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Gregory S. Gordon ISBN: 9780190612702
Publisher: Oxford University Press Publication: April 11, 2017
Imprint: Oxford University Press Language: English
Author: Gregory S. Gordon
ISBN: 9780190612702
Publisher: Oxford University Press
Publication: April 11, 2017
Imprint: Oxford University Press
Language: English

The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.

More books from Oxford University Press

Cover of the book Ethical Decision Making in Clinical Neuropsychology by Gregory S. Gordon
Cover of the book Playing Fair by Gregory S. Gordon
Cover of the book Hegel: Philosophy of Politics: Oxford Bibliographies Online Research Guide by Gregory S. Gordon
Cover of the book Taming Democracy by Gregory S. Gordon
Cover of the book Honored by the Glory of Islam by Gregory S. Gordon
Cover of the book Beyond GDP by Gregory S. Gordon
Cover of the book Theories of Delinquency by Gregory S. Gordon
Cover of the book The Resilient Clinician by Gregory S. Gordon
Cover of the book Peruvian Traditions by Gregory S. Gordon
Cover of the book The Landscape Of History : How Historians Map The Past by Gregory S. Gordon
Cover of the book The Oxford Handbook of Social Influence by Gregory S. Gordon
Cover of the book The World We Want by Gregory S. Gordon
Cover of the book Epistemology for the Rest of the World by Gregory S. Gordon
Cover of the book The Figaro Trilogy: The Barber of Seville, The Marriage of Figaro, The Guilty Mother by Gregory S. Gordon
Cover of the book Unfinished Work by Gregory S. Gordon
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy